Legality and Legitimacy

E532823

"Legality and Legitimacy" is a 1932 political and legal treatise by Carl Schmitt that critiques liberal parliamentary democracy by distinguishing between mere legal validity and deeper political legitimacy in the modern state.

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Legality and Legitimacy canonical 1

Statements (46)

Predicate Object
instanceOf book
legal treatise
addresses crisis of parliamentary democracy
associatedWith Weimar constitutional crisis NERFINISHED
author Carl Schmitt NERFINISHED
concerns foundations of state authority
limits of constitutionalism
countryOfOrigin Germany
criticizes normativism in legal theory
parliamentary law-making procedures
critiques liberal parliamentary democracy
rule of law formalism
distinguishesBetween legal validity and political legitimacy
examines foundations of democratic legitimacy
relationship between legality and sovereignty
field constitutional law
jurisprudence
political theory
focusesOn Weimar Republic NERFINISHED
genre legal philosophy
political philosophy
hasAuthorProfession jurist
political theorist
hasForm essay collection
historicalContext late Weimar crisis
influenced 20th-century political theory
debates on constitutional dictatorship
legal theory of emergency powers
keyConcept decisionism
exception
guardian of the constitution
mainTopic constitutional theory
legality
legitimacy
liberal democracy
parliamentarism
sovereignty
originalLanguage German
philosophicalPerspective anti-liberal
authoritarian
philosophicalTradition continental political philosophy
proposes priority of political decision over legal norm
publicationYear 1932
relatedWorkByAuthor Political Theology NERFINISHED
The Concept of the Political NERFINISHED
timePeriod interwar period

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Carl Schmitt notableWork Legality and Legitimacy