The Decision between the Abstract and Concret. Some Considerations on the Rechtsverwirklichung in the Early Work of Carl Schmitt
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Abstract
"Gesetz und Urteil" is a seminal text by the young Carl Schmitt concerning the definition of legal praxis, which contains an initial formulation of his notion of decision. The present essay analyzes this basic thesis as it is expounded in the book by the great German jurist and philosopher. The close affinity between the activity of the judge and the rising concept of "the political" is also pointed out as being the idea upon which Schmitt would later develop his famous doctrine of sovereignty.
Keywords
- Carl Schmitt
- Praxis
- Decision
- Sovereignty
