Existential Openness in Law: A hermeneutical approach to Carl Schmitt’s early legal thought

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Martin Bondeli Andreas Bächli

Existential Openness in Law

A hermeneutical approach to Carl Schmitt’s early legal thought

Martin Bondeli, Andreas Bächli, Guido Löhrer , Diego Pérez Lasserre

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English

Peter Lang AG, Internationaler Verlag der Wissenschaften
13 May 2024

Translation & interpretation; Philosophy: epistemology & theory of knowledge; Philosophy: logic; Philosophy of mind; Social & political philosophy

Series: Berner Reihe Philosophischer Studien

This book delves into Carl Schmitt's early legal works and explores their hermeneutic nature. Drawing on the insights of the giants of existential hermeneutics, such as Heidegger and Gadamer, we illuminate the essence of hermeneutic thought - the existential openness inherent in us as human beings - and then examine its implications for Carl Schmitt's early legal thought.

The journey that this text embarks on reveals that the openness inherent in human beings inevitably extends to the legal phenomenon. This realisation exposes two potential pitfalls or flawed appropriations within juridico-hermeneutical activity. First, there's the scientism that restricts law strictly to positive legislation, depriving it of its broader scope. Second, there's what might be called legal romanticism, in which the interpreter, on the basis of whim and subjectivity, dictates what the law means. The book delves into Schmitt's early works, highlighting his awareness of these extremes and the ways in which he addresses them.

By: Diego Pérez Lasserre
Series edited by: Martin Bondeli, Andreas Bächli, Guido Löhrer
Imprint: Peter Lang AG, Internationaler Verlag der Wissenschaften
Country of Publication: Switzerland
Edition: New edition
Volume: 52
Dimensions: Height: 210mm, Width: 148mm,
Weight: 342g
ISBN: 9783034347792
ISBN 10: 3034347790
Series: Berner Reihe Philosophischer Studien
Pages: 258
Publication Date: 13 May 2024
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction — Hermeneutics and law: Heidegger and Gadamer — Carl Schmitt “the soldier” — Carl Schmitt “the Artist” — Towards the middle way in legal thought — Conclusions — Epilogue — Bibliography

Diego Pérez Lasserre is a researcher at the Facultad de Derecho y Ciencias Sociales of Universidad San Sebastián, Valdivia (Chile). He holds a degree in Law from Pontificia Universidad Católica de Chile, a Master's in Contemporary Thought from Universidad Diego Portales, and a PhD in Philosophy jointly awarded by Universidad Diego Portales and FernUniversität in Hagen.