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Carl Schmitt between Technological Rationality and Theology : The Position and Meaning of His Legal Thought. 技術的合理性と神学の間のC.シュミット -その法思想の位置と意義-
・ISBN 978-1-4384-7877-7 cloth US$ 104.00
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| 著者・編者 | Herrera, Hugo E., |
|---|---|
| 出版社 | (State U. New York Pr., US) |
| 出版年月 | 2020 |
| ページ数 | 224 pp. |
| 言語 | ENG |
| ニュース番号 | <656-840 656-L1215> |
解説
Situates Schmitt's legal scholarship in the context of debates regarding whether his thought was more theological or technocratic.
Carl Schmitt, one of the most influential legal and political thinkers of the twentieth century, is known chiefly for his work on international law, sovereignty, and his doctrine of political exception. This book argues that greater prominence should be given to his early work in legal studies. Schmitt himself repeatedly identified as a jurist, and Hugo E. Herrera demonstrates how for Schmitt, law plays a key role as an intermediary between ideal, conceptual theory and the complexity of practical, concrete situations. Law is concerned precisely with balancing the extremes of theory and reality, and in this respect, Schmitt associates it with philosophical thinking broadly as being able to understand and explain the tensions in human experience. Reviewing and analyzing prevailing interpretations of Schmitt by Jacques Derrida, Heinrich Meier, and others, Herrera argues that the importance of Schmitt's legal framework is both significant and overlooked.