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Statute and Judgment

A Note on the Text and the Translation

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

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.

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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. 37 - 38
Publisher: Cambridge University Press
Print publication year: 2021

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  • 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
  • Online publication: 17 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108658300.002
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  • 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
  • Online publication: 17 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108658300.002
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.

  • 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
  • Online publication: 17 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108658300.002
Available formats
×