Constitutional Theory, 1928: Carl Schmitt and the Rechtsstaat

Telos: Critical Theory of the Contemporary 2010 (153):179-192 (2010)
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ExcerptCarl Schmitt's recently translated Constitutional Theory (Verfassungslehre), first published in 1928 at the end of a period of relative stability in Weimar Germany, is a strangely timely work—both with regard to the continued relevance of the themes and problems it discusses and with regard to the current state of scholarship about Weimar constitutionalism. But, first things first, as befits what was originally intended as a short review article: The translation is accurate, even though it was occasionally necessary to break down Schmitt's legal Germanicisms into more manageable English syntax. The long introduction, jointly written by Jeffrey Seitzer and Christopher Thornhill,…



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