{"title":"卡尔·施密特的法律哲学","authors":"Neven Cvetićanin","doi":"10.2298/theo2301127c","DOIUrl":null,"url":null,"abstract":"The paper presents a theoretical consideration of the basics of philosophy of\n law of Carl Schmitt, a famous German lawyer and thinker who is the author of\n a quite controversial law theory, which to this day will not cease to\n intrigue the professional researchers. The work approaches Schmitt?s thought\n in an impartial way, and conducts a constructive dialogue with his theory of\n law and the state, i.e. his philosophy of law, acknowledging Schmitt?s\n analytical results in defining the relationship between politics and law,\n but also criticizing his theory where it shows certain exaggerations. The\n paper presents a simultaneous research of Schmitt?s theory and Schmitt?s\n biography, trying to show the existential and political reasons why he tried\n to conform his theory of state and law to the totalitarian political\n circumstances in which he lived. The paper finally evaluates the value of\n Schmitt?s theory, which in a clear, descriptive and logical way\n distinguished two levels of legal thought, distinguishing the very level of\n constitution of the political-legal order where law is not, in real\n historical conditions, separate from politics - and the level of the system\n of positive legal norms itself. In addition to discussing the basic figures\n of Schmitt?s philosophy of law, the paper also pays attention to Schmitt?s\n treatment of particular legal-theoretical issues, such as the issue of the\n state of emergency and sovereignty.","PeriodicalId":374875,"journal":{"name":"Theoria, Beograd","volume":"16 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Carl Schmitt’s philosophy of law\",\"authors\":\"Neven Cvetićanin\",\"doi\":\"10.2298/theo2301127c\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The paper presents a theoretical consideration of the basics of philosophy of\\n law of Carl Schmitt, a famous German lawyer and thinker who is the author of\\n a quite controversial law theory, which to this day will not cease to\\n intrigue the professional researchers. The work approaches Schmitt?s thought\\n in an impartial way, and conducts a constructive dialogue with his theory of\\n law and the state, i.e. his philosophy of law, acknowledging Schmitt?s\\n analytical results in defining the relationship between politics and law,\\n but also criticizing his theory where it shows certain exaggerations. The\\n paper presents a simultaneous research of Schmitt?s theory and Schmitt?s\\n biography, trying to show the existential and political reasons why he tried\\n to conform his theory of state and law to the totalitarian political\\n circumstances in which he lived. The paper finally evaluates the value of\\n Schmitt?s theory, which in a clear, descriptive and logical way\\n distinguished two levels of legal thought, distinguishing the very level of\\n constitution of the political-legal order where law is not, in real\\n historical conditions, separate from politics - and the level of the system\\n of positive legal norms itself. In addition to discussing the basic figures\\n of Schmitt?s philosophy of law, the paper also pays attention to Schmitt?s\\n treatment of particular legal-theoretical issues, such as the issue of the\\n state of emergency and sovereignty.\",\"PeriodicalId\":374875,\"journal\":{\"name\":\"Theoria, Beograd\",\"volume\":\"16 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Theoria, Beograd\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2298/theo2301127c\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theoria, Beograd","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2298/theo2301127c","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The paper presents a theoretical consideration of the basics of philosophy of
law of Carl Schmitt, a famous German lawyer and thinker who is the author of
a quite controversial law theory, which to this day will not cease to
intrigue the professional researchers. The work approaches Schmitt?s thought
in an impartial way, and conducts a constructive dialogue with his theory of
law and the state, i.e. his philosophy of law, acknowledging Schmitt?s
analytical results in defining the relationship between politics and law,
but also criticizing his theory where it shows certain exaggerations. The
paper presents a simultaneous research of Schmitt?s theory and Schmitt?s
biography, trying to show the existential and political reasons why he tried
to conform his theory of state and law to the totalitarian political
circumstances in which he lived. The paper finally evaluates the value of
Schmitt?s theory, which in a clear, descriptive and logical way
distinguished two levels of legal thought, distinguishing the very level of
constitution of the political-legal order where law is not, in real
historical conditions, separate from politics - and the level of the system
of positive legal norms itself. In addition to discussing the basic figures
of Schmitt?s philosophy of law, the paper also pays attention to Schmitt?s
treatment of particular legal-theoretical issues, such as the issue of the
state of emergency and sovereignty.