Skip to main content Accessibility help

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.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

2 results

  • Statute and Judgment

  • Edited and translated by Lars Vinx, University of Cambridge, Samuel Garrett Zeitlin, University of Cambridge
  • Book:
    Carl Schmitt's Early Legal-Theoretical Writings
    Published online:
    17 April 2021
    Print publication:
    06 May 2021, pp 37-38

  • Summary

    Statute and Judgment offers Schmitt’s theory of adjudication. Schmitt responds to the attack on legal determinacy that is associated with the free law movement (a German precursor to pragmatist and critical approaches to adjudication). While Schmitt adopts the view, as put forward by proponents of the free law movement, that statutory law is inherently indeterminate and must fail to guide judicial decision-taking in particular cases, Statute and Judgment aims to reconstruct legal determinacy on the basis of an analysis of the customs and conventions of legal practice. Schmitt’s attempt to show how legal determinacy is possible prefigures later arguments to the effect that a situation of normality is a condition of the legitimate applicability of legal norms.

Carl Schmitt's Early Legal-Theoretical Writings
  • Statute and Judgment and the Value of the State and the Significance of the Individual
  • Edited and translated by Lars Vinx, Samuel Garrett Zeitlin
  • Published online:
    17 April 2021
    Print publication:
    06 May 2021
  • Many of Carl Schmitt's major works have by now been translated, with two notable exceptions: Schmitt's two early monographs Statute and Judgment (first published in 1912) and The Value of the State and the Significance of the Individual (first published in 1914). In these two works Schmitt presents a theory of adjudication as well as an account of the state's role in the realization of the rule of law, which together form the theoretical basis on which Schmitt later developed his political and constitutional theory. This new book makes these two key texts available in English translation for the first time, together with an introduction that relates the texts to their historical context, to Schmitt's other works, and to contemporary discussions in legal and constitutional theory.