Wednesday, March 11, 2009

Decisionism

In legal theory, decisionism had a notable proponent in the German law scholar Carl Schmitt. Schmitt held that it is not the actual precepts of the law which determine its validity, but rather the fact that it has been made into law by the proper authority. Later in life, when Schmitt became a member of the NSDAP, he used decisionism as a way of justifying Nazi policy, when he was quoted as saying "Der Führer has made the law, der Führer protects the law".
Read all here.

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