We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Carl Schmitt's Early Legal-Theoretical Writings from The Value of the State and the Significance of the Individual
Published online by Cambridge University Press: 17 April 2021
If the opinion that all law is only a result of actual power relations and is based in the final instance upon violence were permitted to experience a transposition, by analogy, onto the domain of scientific opinions, then the question concerning the relation between law and power would already have been decided. The number of those, who, in plausible discussions and with numerous examples drawn from history and from everyday life, give the law a solely factual ground is so great that they undoubtedly have the preponderance of power – as long, at least, as one considers the factual popularity of their opinions only. However, as soon as the grounds and their correctness are submitted to scrutiny, this actuality no longer comes into consideration and arguments alone decide the matter.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
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 Dropbox.
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.
