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[44] Chapter 2 - The State

from The Value of the State and the Significance of the Individual

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

The question concerning the relation of law and state, in the course of its scientific treatment, suffered the misfortune that a witty comparison was presented in place of an argument, in that it was said that the question boils down to that of the priority of the chicken and the egg. Although countless persons rest content with this ‘solution’, the comparison proves only how little the treatment of this important problem is capable of lifting itself above the sphere of a causal contemplation. It would be at all permissible to mention this comparison only if it were a matter of the investigation of historical events for the purpose of their causal explanation and if the law, as a concrete empirical phenomenon, were merely placed next to the state as an empirical reality of the same kind.

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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. 189 - 216
Publisher: Cambridge University Press
Print publication year: 2021

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  • The State
  • 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/10.1017/9781108658300.014
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  • The State
  • 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/10.1017/9781108658300.014
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.

  • The State
  • 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/10.1017/9781108658300.014
Available formats
×