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 III - The Postulate of Legal Determinacy
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
In the last few years, it has often been pointed out that the provisions of a statute usually do not bring anything new in terms of content. The statute leans against existing orders of life and habits of intercourse; it makes use of the moral [45] opinions of the time and of the people, of cultural ideas. In brief, the legislative authority has, as far as concerns the content of its activity, more of an ordering and collecting than a productive character. There is a ‘rapport, que les loix ont avec les principes qui forment l’esprit général, les moeurs et les manières d’une nation’ [‘The laws stand in relation to the principles that form the general spirit, the habits and the manners of a nation’].
- 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. 83 - 102Publisher: Cambridge University PressPrint publication year: 2021