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ISSN 0869-5377
The Logos Journal

The Concept of the Political as a Key to the State-Legal Works of Carl Schmitt


About author:
Is a German philosopher of law and a jurist, state and constitutional lawyer. He taught at the universities of Heidelberg, Bielefeld and Freiburg. From 1983 to 1996 he was a judge of the Federal Constitutional Court of Germany. He belongs to the school of Joachim Ritter. He is the author of numerous works on state and constitutional law as well as philosophy of law, among which the following: ‘State, Society, and Liberty: Studies in Political Theory and Constitutional Law’ (Berg; N.Y., 1991), ‘State, Nation, Europe. Study on Political Theory, Constitution Theory and Philosophy of Law’ (1999), ‘The History of Law and Political Philosophy: Ancient and Medieval’ (2002).

The article claims to represent the concept of the political as a key to understanding all the state-legal works of Carl Schmitt. By overcoming widespread misunderstandings about Schmitt’s basic concept, raises the question of its authentic content and essential expression. The main thesis—the remaining theoretical importance of the concept of political—is shown on the basis of seven examples, related to aspects of Schmitt’s theory such as sovereignty, the link between state and constitution, the issue of the protector of the constitution, the political representation issue etc.

Keywords: concept of the political, friend-enemy distinction, state, people, domestic and foreign policy, political unity, sovereignty, constitutional justice, representation

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