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Carl Schmitt and the Problem of Legal Order: From Domestic to International

Published online by Cambridge University Press:  18 April 2006

Abstract

This article focuses on the evolution of the concept of legal order in Carl Schmitt's thought and in particular on the spatial perspective he developed in his internationalist thought. In order to grasp its relevance, it is necessary to understand it in relation to the theoretical problems and concepts which underlie Schmitt's oeuvre. For this reason the first part of the article focuses on the theoretical problem of the possibility of a legal order in a plural context, trying to assess the distinctiveness of Schmitt's thought in relation to his contemporaries and to the approaches and schools of thought with which he is often associated. The second part then examines the evolution of his constitutionalist output, something which is fundamental to an understanding of his internationalist thought. The third part then focuses on his internationalist thought, and in particular on the theory of the nomos, which represents a synthesis of his whole thought.

Type
ARTICLES
Copyright
2006 Foundation of the Leiden Journal of International Law

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