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Legal indeterminacy and the origins of Nazi legal thought:the case of Carl Schmitt

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Abstract:

Here, I have tried to show that a second look at the young Schmitt's legal thinking does bring clarity to the ‘confused ’ and ‘polemical ’ debate about his theoretical and political legacy. Pace Schmitt, it helps demonstrate that Schmitt's embrace of German fascism was anticipated by key elements of his thinking about the dilemma of legal indeterminacy -- well before Hitler's rise to power.

Document Type: Research Article

Affiliations: University of Pittsburgh.

Publication date: 1996-04-01

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