Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-fv566 Total loading time: 0 Render date: 2024-07-16T19:16:49.906Z Has data issue: false hasContentIssue false

7 - Doing Away with Politics

Schmitt’s Juristic Institutionalism

Published online by Cambridge University Press:  23 June 2022

Mariano Croce
Affiliation:
Sapienza Università di Roma
Andrea Salvatore
Affiliation:
Sapienza Università di Roma
Get access

Summary

Chapter 7 centres particularly on the works published after the end of World War Two. While Chapter 2 contended that Schmitt was not born as a decisionist, Chapter 7 advances the claim that he did not conclude his career by adopting (or revisiting) his former decisionist approach. Quite the opposite, from the post-war years onwards decisionism faded out. After the major amendment of the early 1930s, whereby the decision was turned into a selective filter, the last remnants of decisionism were expunged. Therefore, whilst the concrete-order thinking of 1934 was still marked by a difficult cohabitation of decisionism and institutionalism, post-war texts did away completely with it so as to pave the way for Schmitt’s last, juristic version of institutionalism. This peculiar kind of institutionalism culminates in an underrated essay, The Plight of European Jurisprudence, where Schmitt affirmed the independence of jurisprudence from any external force and thereby postulated its self-sufficiency even as a source of law. The political decision is replaced by a penetrating, meticulous and inherently acephalous legal practice that is meant to buttress the evolution of social phenomena with a view to obtaining a legal order that is internally consistent and materially sustainable.

Type
Chapter
Information
Carl Schmitt's Institutional Theory
The Political Power of Normality
, pp. 125 - 142
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org 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.

Available formats
×

Save book 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 Dropbox.

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.

Available formats
×