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2 - Looking Backwards

Schmitt before Exceptionalist Decisionism

Published online by Cambridge University Press:  23 June 2022

Mariano Croce
Affiliation:
Sapienza Università di Roma
Andrea Salvatore
Affiliation:
Sapienza Università di Roma
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Summary

Chapter 2 focuses on Schmitt’s early output (1910–21), in particular Über Schuld und Schuldarten. Eine Terminologische Untersuchung (On Guilt and the Types of Guilt: A Terminological Investigation) (1910) and Statute and Judgment: An Investigation into the Problem of Legal Practice (1912). The chapter illustrates how, between the 1910s and the beginning of the 1920s, Schmitt’s conception of law and legal practice was scarcely reconcilable with the exceptionalist decisionism of Political Theology (1922). By rejecting a ‘continuist’ interpretation, the chapter claims that Schmitt’s Political Theology effected a break with his prior theorisation, whereas his writings from the 1910s anticipated constitutive features of his legal institutionalism of the 1930s, particularly the close relation between normality and the judicial practice. Further, the chapter makes the case that the so-called ‘decisionist period’ (1921–8) can be portrayed as exclusively decisionist only if one neglects a few important lines of thought that Schmitt developed in other texts from those same years. Finally, even if one remains blind to the various tensions between Schmitt’s various lines of thought between 1921 and 1928, the books that open and close that period, namely, Dictatorship (1921) and Constitutional Theory (1928), do not lend themselves to a decisionist interpretation.

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Chapter
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Carl Schmitt's Institutional Theory
The Political Power of Normality
, pp. 27 - 46
Publisher: Cambridge University Press
Print publication year: 2022

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  • Looking Backwards
  • Mariano Croce, Sapienza Università di Roma, Andrea Salvatore, Sapienza Università di Roma
  • Book: Carl Schmitt's Institutional Theory
  • Online publication: 23 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781009052474.003
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  • Looking Backwards
  • Mariano Croce, Sapienza Università di Roma, Andrea Salvatore, Sapienza Università di Roma
  • Book: Carl Schmitt's Institutional Theory
  • Online publication: 23 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781009052474.003
Available formats
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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.

  • Looking Backwards
  • Mariano Croce, Sapienza Università di Roma, Andrea Salvatore, Sapienza Università di Roma
  • Book: Carl Schmitt's Institutional Theory
  • Online publication: 23 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781009052474.003
Available formats
×