Carl Schmitt’s philosophy of law

Abstract

The paper presents a theoretical consideration of the basics of philosophy of law of Carl Schmitt, a famous German lawyer and thinker who is the author of a quite controversial law theory, which to this day will not cease to intrigue the professional researchers. The work approaches Schmitt?s thought in an impartial way, and conducts a constructive dialogue with his theory of law and the state, i.e. his philosophy of law, acknowledging Schmitt?s analytical results in defining the relationship between politics and law, but also criticizing his theory where it shows certain exaggerations. The paper presents a simultaneous research of Schmitt?s theory and Schmitt?s biography, trying to show the existential and political reasons why he tried to conform his theory of state and law to the totalitarian political circumstances in which he lived. The paper finally evaluates the value of Schmitt?s theory, which in a clear, descriptive and logical way distinguished two levels of legal thought, distinguishing the very level of constitution of the political-legal order where law is not, in real historical conditions, separate from politics - and the level of the system of positive legal norms itself. In addition to discussing the basic figures of Schmitt?s philosophy of law, the paper also pays attention to Schmitt?s treatment of particular legal-theoretical issues, such as the issue of the state of emergency and sovereignty.