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Home > Law > On the Three Types of Juristic Thought: (Global Perspectives in History and Politics)
On the Three Types of Juristic Thought: (Global Perspectives in History and Politics)

On the Three Types of Juristic Thought: (Global Perspectives in History and Politics)


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About the Book

Bendersky provides the only English-language translation of one of Carl Schmitt's most controversial works. At the time of its publication in 1934 and during the war and the post-war years, the treatise was seen as a rationalization of the Nazi legal order. With the renaissance of Schmitt studies beginning in the 1980s, the man and his work, and this volume in particular, was reinterpreted. While some maintained that it was a foundation of Nazi legal theory and practice, others see it as a failed attempt at a conservative counterweight to the most extreme tendencies in National Socialism. Most see it in the context of Schmitt's intellectual growth and the challenges of the era. An extended introduction and notes trace out the development of Schmitt's ideas as well as the various interpretations ehat have emerged to explain his work. Given the importance of Schmitt's ideas in modern political and judicial thought as well as its impact on constitution making, this translation will make this significant volume accessible to a wider readership of students and scholars of twentieth century political and legal theory.

Table of Contents:
Introduction: The Three Types of Juristic Thought in German Historical and Intellectual Context by Joseph W. Bendersky Distinctions among Juristic Ways of Thinking Rule and Statute Thinking (Normativism) and Concrete-Order Thinking Decision Thinking (Decisionism) Nineteenth Century Juristic Positivism as Combination of Decision and Statute Thinking (Decisionism and Normativism) Classification of Juristic Ways of Thinking in the Overall Development of Legal History German Development Up to the Present Development in England and France The Current Situation of German Jurisprudence Conclusion Bibliography

About the Author :
CARL SCHMITT (1888-1985) was a jurist, scholar, and author. JOSEPH W. BENDERSKY is Professor and Chair in the History Department at Virginia Commonwealth University. Among his earlier books is Carl Schmitt: Theorist for the Reich (1983).


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Product Details
  • ISBN-13: 9780313318917
  • Publisher: Bloomsbury Publishing PLC
  • Publisher Imprint: Praeger Publishers Inc
  • Height: 210 mm
  • No of Pages: 138
  • Weight: 358 gr
  • ISBN-10: 0313318913
  • Publisher Date: 30 Dec 2004
  • Binding: Hardback
  • Language: English
  • Series Title: Global Perspectives in History and Politics
  • Width: 140 mm

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