Whoever says Rule of Law wants to cheat: Carl Schmitt and National Socialist legal antipositivism (1934-1936)
This paper studies the National Socialist debate on the rule of law by way of using the work of Carl Schmitt between 1934 and 1936 as a witness case. We will see that not a few of those who repudiate Carl Schmitt for his collaboration with National Socialism share not only his theory of law at the t...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Grupo Prohistoria
2023
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| Acceso en línea: | https://ojs.rosario-conicet.gov.ar/index.php/prohistoria/article/view/1854 |
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| Sumario: | This paper studies the National Socialist debate on the rule of law by way of using the work of Carl Schmitt between 1934 and 1936 as a witness case. We will see that not a few of those who repudiate Carl Schmitt for his collaboration with National Socialism share not only his theory of law at the time, but particularly his defence of a conception of the rule of law that violates the fundamental rights of defendants. At the same time, these considerations will help us understand that the debate on the rule of law is more alive than ever. |
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