Comparative History and Legal Theory: Carl Schmitt in the First German Democracy

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Jurisprudence & general issues

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Wordery

Brand

Clio

Comparative History and Legal Theory: Carl Schmitt in the First German Democracy : Praeger : 9780313307928 : 031330792X : 30 May 2001 : It is a commonplace of Schmitt scholarship that the controversial thinker sought to recapture some of the elan of the pre-Weimar state through his advocacy of effectively almost unlimited presidential government. Seitzer demonstrates how Schmitt believed comparative history itself could reinvigorate the ailing German state by subtly altering prevailing understandings of the relation of theory and practice in law and politics. Treating Schmitt's Constitutional Theory and Guardian of the Constitution as methodologically sophisticated comparative histories, Seitzer turns Schmitt's argument against itself. He shows how Schmitt's comparative histories, when properly executed, support a decentralized solution to the Republic's difficulties directly contrary to Schmitt's in terms of its purpose and effect. Problem-oriented, comparative-historical studies o

70 GBP