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Chapter IV - The Correct Decision

from Statute and Judgment

Published online by Cambridge University Press:  17 April 2021

Edited and translated by
Lars Vinx  and
Samuel Garrett Zeitlin
Lars Vinx
Affiliation:
University of Cambridge
Samuel Garrett Zeitlin
Affiliation:
University of Cambridge
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Summary

In view of the facts that the criterion of ‘conformity to statute’ is worthless, that those criteria that refer to ‘pre-juristic’ complexes of norms must ignore important facts of legal life and, finally, that it is necessary to find a criterion that is autochthonous to legal practice, the following formula will no longer appear to be paradoxical or challenging

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Carl Schmitt's Early Legal-Theoretical Writings
Statute and Judgment and the Value of the State and the Significance of the Individual
 , pp. 103 - 141
Publisher: Cambridge University Press
Print publication year: 2021

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  • The Correct Decision
  • Edited and translated by Lars Vinx, University of Cambridge, Samuel Garrett Zeitlin, University of Cambridge
  • Book: Carl Schmitt's Early Legal-Theoretical Writings
  • Online publication: 17 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108658300.008
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  • The Correct Decision
  • Edited and translated by Lars Vinx, University of Cambridge, Samuel Garrett Zeitlin, University of Cambridge
  • Book: Carl Schmitt's Early Legal-Theoretical Writings
  • Online publication: 17 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108658300.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Correct Decision
  • Edited and translated by Lars Vinx, University of Cambridge, Samuel Garrett Zeitlin, University of Cambridge
  • Book: Carl Schmitt's Early Legal-Theoretical Writings
  • Online publication: 17 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108658300.008
Available formats
×