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Jurist

Carl Schmitt

Legal Philosophy and Jurisprudence

Carl Schmitt lived from July 11, 1888 to April 7, 1985 and was a German jurist and political philosopher, an authoritarian conservative noted as a critic of parliamentary democracy, liberalism, and cosmopolitanism. In 1933 he joined the Nazi Party and used his legal and political theories to provide ideological justification for the regime, holding positions on Nazi councils including the Prussian State Council and the Academy for German Law and serving as president of the National Socialist Association of Legal Professionals, though by 1936 he had lost favor among senior Nazi officials and was removed from most of his official party positions. Schmitt and his work remain controversial for their association with Nazism, and the Stanford Encyclopedia of Philosophy has described him as an acute observer of the weaknesses of liberal constitutionalism whose preferred cure proved far worse than the disease. His ideas remain highly influential, with scholars arguing he has shaped modern governance in China and Russia as well as strands of modern American conservatism.

Facts
Role
Jurist and political philosopher 2
Nationality / Jurisdiction
Germany; German public and constitutional law 2
Born
1888 2
Birth Date
1888-07-11 2
Birthplace
Plettenberg, Prussia, German Empire 2
Died
1985 2
Death Date
1985-04-07 2
Place of Death
Plettenberg, North Rhine-Westphalia, West Germany 2
Classification
Field of Law
Administrative Law 1
Gender
Male 2
Role
Role (category)
Jurist 2
FAQs

What did Carl Schmitt mean by saying that the sovereign decides on the state of exception?

The sovereign is whoever decides on the state of exception, because no legal norm can settle an extreme emergency in advance.

Schmitt defined sovereignty by who holds the power to decide in an emergency. In his account, the sovereign is whoever decides on the state of exception, the situation in which normal legal order cannot simply carry on. He held that no legal norm can govern an extreme case of emergency in advance, so the authority to decide when ordinary rules stop applying must rest with a person or an institution.

What is Carl Schmitt's friend and enemy distinction?

Schmitt held that all true politics is based on the distinction between friend and enemy.

Schmitt argued in his concept of the political that all true politics rests on the distinction between friend and enemy. The Stanford Encyclopedia of Philosophy notes that Schmitt is often considered one of the most important critics of liberalism, parliamentary democracy and liberal cosmopolitanism.
Connections

In Legal System

Source Carl Schmitt (Wikipedia)
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Source Carl Schmitt (Wikipedia)Lead sentence 1tier 2
Quote, Lead sentence 1
Carl Schmitt (11 July 1888 – 7 April 1985) was a German jurist and political philosopher.
Sources
1. Carl Schmitt (Wikipedia)
WikipediaFull article, field of law
Quote, Full article, field of law
From June 1933, he was in the leadership council of Hans Frank's Academy for German Law and chaired the Committee for State and Administrative Law.
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2. Carl Schmitt (Wikipedia)
Wikipedia
  • Infobox: birth_place
    Plettenberg, Prussia, German Empire
  • Infobox: death_place
    Plettenberg, North Rhine-Westphalia, West Germany
  • Lead sentence
    was a German jurist and political philosopher.
  • In Legal System: German Legal System, Wikipedia lead sentence
    was a German jurist and political philosopher
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Wikidata: Carl Schmitt
Wikidata Q77148 self-citation (QID resolved for a previously unsourced jurist)
Quote, Wikidata Q77148 self-citation (QID resolved for a previously unsourced jurist)
P31 (instance of): human; QID resolved and verified for this jurist (Carl Schmitt)
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