Book contents
- Reviews
- Carl Schmitt's Early Legal-Theoretical Writings
- Cambridge Studies in Constitutional Law
- Carl Schmitt's Early Legal-Theoretical Writings
- Copyright page
- Contents
- Acknowledgements
- Introduction
- Statute and Judgment
- Statute and Judgment
- Dedication
- Additional material
- Foreword
- Table of Contents
- Chapter I The Problem
- Chapter II The Will of Statute
- Chapter III The Postulate of Legal Determinacy
- Chapter IV The Correct Decision
- Appendix
- The Value of the State and the Significance of the Individual
- The Value of the State and the Significance of the Individual
- Bibliography
- Index
Chapter II - The Will of Statute
from Statute and Judgment
Published online by Cambridge University Press: 17 April 2021
- Reviews
- Carl Schmitt's Early Legal-Theoretical Writings
- Cambridge Studies in Constitutional Law
- Carl Schmitt's Early Legal-Theoretical Writings
- Copyright page
- Contents
- Acknowledgements
- Introduction
- Statute and Judgment
- Statute and Judgment
- Dedication
- Additional material
- Foreword
- Table of Contents
- Chapter I The Problem
- Chapter II The Will of Statute
- Chapter III The Postulate of Legal Determinacy
- Chapter IV The Correct Decision
- Appendix
- The Value of the State and the Significance of the Individual
- The Value of the State and the Significance of the Individual
- Bibliography
- Index
Summary
Contemporary legal practice wants to apply statute. It regards the ‘will of the legislator’ or the ‘will of statute’ as its controlling standard and it therefore answers the question of the correctness of a decision as follows: a judicial decision is correct in the event that it has been provided for by the legislator in the positive law – if a decision is taken in the way that has been prescribed by the relevant legislative authority, or at least (as one unreflectively adds, as though this were not something altogether different) in the way that this authority would have decided had it anticipated the case at hand.
- Type
- Chapter
- Information
- Carl Schmitt's Early Legal-Theoretical WritingsStatute and Judgment and the Value of the State and the Significance of the Individual, pp. 64 - 82Publisher: Cambridge University PressPrint publication year: 2021