Filozofia (teoria) prawa Carla Schmitta?
Journal Title: PRZEGLĄD SEJMOWY - Year 2016, Vol 135, Issue 4
Abstract
The main aim of this article is to analyze the small work of Carl Schmitt “On the three types of juristic thought”, fi rst published in 1934. In the literature of the subject, the German scholar is known primarily as a political philosopher and creator of the original, although controversial, ideas and concepts, including: the nomos, the political, the friend and enemy relationship, a state of emergency, sovereignty and political theology. Not forgotten is also the support Schmitt gave the Nazi regime after Hitler came to power. In the fi rst two parts of the article, the author reviews, on the one hand, the current state of research on the thought of the German scholar and, on the other hand, presents his short biography and his achievements as a writer. All of this, however, is only the background for a general review and analysis of the origins and content of the work of Schmitt of 1934. The author emphasizes the unique character of that small volume book as compared to other works of the German scholar. In the book, Schmitt rather appears to us as a theorist and philosopher of law, who goes beyond a dispute between legal positivism and natural law, and proposes a particular mode of thinking based on legal institutions. His sources of inspiration include two of his contemporary authors, representing institutional theory of law, Maurice Harriou and Santi Romano. According to the author of the article, it is hard to claim on this basis that Schmitt developed his own theory and philosophy of law.
Authors and Affiliations
Jerzy Zajadło
Keywords
Related Articles
- EP ID EP218251
- DOI -
- Views 68
- Downloads 0
W poszukiwaniu władzy stabilizującej porządek konstytucyjny (część II)
In modern constitutionalism, the systemic stabilization is represented in its two aspects. It is the primary systemic value of the constitutional order as a whole, guaranteeing the realisation of other values. In this co...
Wzorzec ustrojowy. Przyczynek do rozważań na temat recepcji w nauce o systemach politycznych
Constitutional model is a broad concept combining different political and legal aspects, among which two main aspects (namely negative and positive ones) can be distinguished. The constitutional lawgiver avoids negative...
Jeszcze o aktach prawa wewnętrznego. Z Adamem Krzywoniem nieco polemicznie
This article is a polemical response to the article by Adam Krzywoń, on the “Basis for the Issuance of Internal Legal Enactments (Based on Article 93 para. 2 of the Constitution)”, published in Przegląd Sejmowy No. 2/201...
Sprawozdanie z debaty pt. „Prawo(rządność) i polityka. Spór rządu Rzeczypospolitej Polskiej z Komisją Europejską”, Warszawa, 7 września 2017 r.
The debate on “(Rule of) Law and politics. a dispute between the government of the Republic of Poland and the European Commission” was supposed to bring the audience closer to the issue that has been warming up emotions...
Parlament Naddniestrzańskiej Republiki Mołdawskiej
This paper is the next publication in the series intended to conduct wider research into the legal status of the Pridnestrovian Moldavian Republic. It aims at realizing its next phase which is an analysis of the system o...