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Existential Openness in Law: A hermeneutical approach to Carl Schmitt's early legal thought
Paperback
Series: Berner Reihe Philosophischer Studien, Book 52
General ReferenceGeneral LawLogic
ISBN13: 9783034347792
Publisher: Peter Lang Group Ag, International Academic P
Published: May 13 2024
Pages: 258
Weight: 0.69
Height: 0.54 Width: 5.83 Depth: 8.27
Language: English
This book delves into Carl Schmitt's early legal works and explores their hermeneutic nature. Drawing on the insights of the giants of existential hermeneutics, such as Heidegger and Gadamer, we illuminate the essence of hermeneutic thought - the existential openness inherent in us as human beings - and then examine its implications for Carl Schmitt's early legal thought.
The journey that this text embarks on reveals that the openness inherent in human beings inevitably extends to the legal phenomenon. This realisation exposes two potential pitfalls or flawed appropriations within juridico-hermeneutical activity. First, there's the scientism that restricts law strictly to positive legislation, depriving it of its broader scope. Second, there's what might be called legal romanticism, in which the interpreter, on the basis of whim and subjectivity, dictates what the law means. The book delves into Schmitt's early works, highlighting his awareness of these extremes and the ways in which he addresses them.
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