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[85] Chapter 3 - The Individual

from The Value of the State and the Significance of the Individual

Published online by Cambridge University Press:  17 April 2021

Lars Vinx
Affiliation:
University of Cambridge
Samuel Garrett Zeitlin
Affiliation:
University of Cambridge
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Summary

The thought that the law, in its essence, is power has its last roots in the conviction that all law can come only from the state as the highest earthly power and the strongest reality that a human being may face. Before it – before the encompassing, compact power with its impersonal mechanism and its destructive factuality – any appeal to another instance, any critique, appears to be a futile raisonnement.cviii In view of the [state’s] enormous achievement of having embanked and rendered harmless, at least externally, a sea of unbridled and narrow-minded egoism and of the rawest instincts, and having forced even the influential evildoer at least to [engage in] hypocrisy, any critique might perhaps even be held, by some, to amount to an unjust and frivolous doctrinarianism.

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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. 217 - 242
Publisher: Cambridge University Press
Print publication year: 2021

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  • The Individual
  • 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/10.1017/9781108658300.015
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  • The Individual
  • 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/10.1017/9781108658300.015
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 Individual
  • 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/10.1017/9781108658300.015
Available formats
×