Publicação
Carl Schmitt against world unity and state sovereignty : state sovereignty Schmitt’s concept of International Law
| Resumo: | In my paper, I investigate the question of why Carl Schmitt rejected both universalistic International Law and state sovereignty (as an attempt of legitimizing the hegemonic goals of nazi Germany), and what alternatives he offered instead of the state-based International Law. Schmitt’s theory of great spaces originates in his anti-universalistic legal doctrine. This new category also meant the attempt of overcoming the sovereign statehood, which Schmitt no longer regarded as the decisive political unity. In the paper, i describe the great spaces – by contrasting the schmittian International Law with Hans Kelsen’s own legal concept, and by answering the question of how the statist schmitt served German foreign interests with his new International Law theory. |
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| Autores principais: | Techet, Peter |
| Assunto: | Schmitt, Carl, 1888-1985 Soberania do Estado |
| Ano: | 2021 |
| País: | Portugal |
| Tipo de documento: | artigo |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade de Lisboa |
| Idioma: | inglês |
| Origem: | Repositório da Universidade de Lisboa |
| Resumo: | In my paper, I investigate the question of why Carl Schmitt rejected both universalistic International Law and state sovereignty (as an attempt of legitimizing the hegemonic goals of nazi Germany), and what alternatives he offered instead of the state-based International Law. Schmitt’s theory of great spaces originates in his anti-universalistic legal doctrine. This new category also meant the attempt of overcoming the sovereign statehood, which Schmitt no longer regarded as the decisive political unity. In the paper, i describe the great spaces – by contrasting the schmittian International Law with Hans Kelsen’s own legal concept, and by answering the question of how the statist schmitt served German foreign interests with his new International Law theory. |
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