Parts I - II

Cosmin Sebastian CERCEL, Assistant Professor, The limits of the legal: Carl Schmitt and the critique of legalism
Departing from a synoptical assessment of the uncertain status of the legal discourse in society as construed in contemporary jurisprudence and scholarship this paper brings under scrutiny the historical and theoretical constellations that determined the present condition of the legal. In doing so this paper focuses on one of the central issues for the legal thought raised at the end of modernity by the rather controversial writings of the German jurist Carl Schmitt and their criticism of the liberal concept of legality. In a first part, I try to offer, by means of a close reading, a thorough insight of Carl Schmitt’s alternative theory of law which starkly contrasts to the traditional normativist doxa. In this framework I try to give an account on its novel and subversive character. The second part of this article provides a critical evaluation of the ontology of the legal proposed by Carl Schmitt underlining its destructive effects and questioning its revival in contemporary research of the legal.
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