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Carl Schmitt's Early Legal-Theoretical Writings from Statute and Judgment
Published online by Cambridge University Press: 17 April 2021
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.
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