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Carl Schmitt on Law and Liberalism

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  • © 2020

Overview

  • Examines Carl Schmitt's political and judicial thinking from his time as a university graduate up until Hitler's rise to power
  • Provides a clear and concise overview of the debates and disagreements between Schmitt and his fellow constitutions scholars
  • Mounts a strenuous defence of modern liberalism in response to Schmitt's critique

Part of the book series: Palgrave Studies in Classical Liberalism (PASTCL)

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Table of contents (8 chapters)

Keywords

About this book

This book is an investigation into Carl Schmitt’s critical thinking regarding the alleged deficiencies he identified in modern liberalism. Noted jurist, constitutional scholar, and a fierce critic of liberalism and pluralism, Schmitt mounted a sustained attack on the defects of the Weimar constitution between 1916 and 1934, contending that what Germany needed was a strong decisive leader to maintain political unity. This book provides a concise and clear explanation of Schmitt’s disagreements with other constitutional scholars, from his time as a university graduate up until Hitler’s rise to power. Although these disagreements were couched in legal terminology, they represented political criticisms that went directly to the heart of modern democracy, culminating in Schmitt's defence of the Reich against Prussia in the constitutional crisis of 1932.

The book concludes with a strenuous defence of modern liberalism in response to the Schmittian critique. Thus, thisbook is not just an exploration of Carl Schmitt’s work, but a response to one of the harshest attacks on the modern liberal state, and a blueprint for a renewal of democracy, pluralism, and the rule of law.


Authors and Affiliations

  • Traunstein, Germany

    Christopher Adair-Toteff

About the author

Christopher Adair-Toteff is a philosopher and social theorist. His primary focus has been on Max Weber, Ferdinand Tönnies, and Ernst Troeltsch. His recent books include Fundamental Concepts in Max Weber’s Sociology of Religion (2015) and Raymond Aron’s Philosophy of Political Responsibility (2019). He was editor of the Anthem companions to Tönnies and to Troeltsch and is co-editor with Joachim Stark for The Anthem Companion to Raymond Aron (2021). He is currently writing a book on Weber’s economic sociology.

Bibliographic Information

  • Book Title: Carl Schmitt on Law and Liberalism

  • Authors: Christopher Adair-Toteff

  • Series Title: Palgrave Studies in Classical Liberalism

  • DOI: https://doi.org/10.1007/978-3-030-57118-4

  • Publisher: Palgrave Macmillan Cham

  • eBook Packages: Religion and Philosophy, Philosophy and Religion (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2020

  • Hardcover ISBN: 978-3-030-57117-7Published: 11 September 2020

  • eBook ISBN: 978-3-030-57118-4Published: 10 September 2020

  • Series ISSN: 2662-6470

  • Series E-ISSN: 2662-6489

  • Edition Number: 1

  • Number of Pages: IX, 131

  • Topics: Political Philosophy, Philosophy of Law

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