Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-fwgfc Total loading time: 0 Render date: 2024-07-13T15:55:30.908Z Has data issue: false hasContentIssue false

6 - The Politics of Normality

Schmitt’s Concrete-Order Thinking

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 6 focuses on the price Schmitt had to pay to amend his previous exceptionalist jurisprudence, as his institutional theory of the 1930s turned out to be more conservative than his decisionism of the 1920s. He came to identify more clearly and more programmatically the origin of the legal order in the (vicious) circle between institutional practices and their selection on the part of a body of state law officials who oversee the realisation of a societal project devised by a Leader. In this novel framework, the law is deemed to effect a transformation of what is normal within few institutional settings into what is legally binding for the whole population. The chapter first examines Schmitt’s selective use of Maurice Hauriou’s and Santi Romano’s institutional theories and explains how his concrete-order thinking betrayed the institutional tradition in a few important respects. It then focuses on some central features of concrete-order thinking, such as the nature of legal norms and the role of general clauses. The last part of the chapter draws on influential Italian jurist Constantino Mortati’s interpretation of Schmitt’s concrete-order theory as Mortati struggled to elucidate the role of concreteness within post-World War Two constitutional regimes.

Type
Chapter
Information
Carl Schmitt's Institutional Theory
The Political Power of Normality
, pp. 106 - 124
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
×