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Chapter II - The Will of Statute

from Statute and Judgment

Published online by Cambridge University Press:  17 April 2021

Lars Vinx
Affiliation:
University of Cambridge
Samuel Garrett Zeitlin
Affiliation:
University of Cambridge
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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.

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Chapter
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Carl Schmitt's Early Legal-Theoretical Writings
Statute and Judgment and the Value of the State and the Significance of the Individual
, pp. 64 - 82
Publisher: Cambridge University Press
Print publication year: 2021

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  • The Will of Statute
  • Edited and translated by Lars Vinx, University of Cambridge, Samuel Garrett Zeitlin, University of Cambridge
  • Book: Carl Schmitt's Early Legal-Theoretical Writings
  • Online publication: 17 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108658300.006
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  • The Will of Statute
  • Edited and translated by Lars Vinx, University of Cambridge, Samuel Garrett Zeitlin, University of Cambridge
  • Book: Carl Schmitt's Early Legal-Theoretical Writings
  • Online publication: 17 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108658300.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Will of Statute
  • Edited and translated by Lars Vinx, University of Cambridge, Samuel Garrett Zeitlin, University of Cambridge
  • Book: Carl Schmitt's Early Legal-Theoretical Writings
  • Online publication: 17 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108658300.006
Available formats
×