Revisitando el concepto de estado en Carl Schmitt. Legalidad, legitimidad y derecho

In this article we will work on the types of state and their legitimacy in the works of the German jurist Carl Schmitt, avoiding falling into a frag-mentary reading or loaded with ideological prej-udices. The texts will be reviewed, a selection will be made and the main positions held by the author...

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Autores:: Piana, Ricardo Sebastián

Tipo de recurso:: Article of journal

Fecha de publicación:: 2019

Institución:: Corporación Universidad de la Costa

Repositorio:: REDICUC - Repositorio CUC

Idioma:: spa

Description
Summary:	In this article we will work on the types of state and their legitimacy in the works of the German jurist Carl Schmitt, avoiding falling into a frag-mentary reading or loaded with ideological prej-udices. The texts will be reviewed, a selection will be made and the main positions held by the author will be presented, following his own ex-position. The anthology will be accompanied by an exegesis of the concept of State, its different types and budgets. As the main result, we will notice the problem of legitimacy in the modern State and its link with the political, which liber-alism tried to avoid by equating it with the crite-rion of legality. Schmitt affirms, on the contrary, that legality and legitimacy could even be contra-dictory and that is why the types of legislative State, the jurisdictional State and the adminis-trative and governmental State are referenced. Finally, the concept of Law, Law and Democracy is confronted. Schmitt's thesis demonstrates the contradictions that exist between the principle of popular sovereignty and the controls fixed to the parliamentary system. The problems he points out have not been overcome either by cur-rent theoretical models or by empirical models. Although the possibilities of an "impartial" third party to solve the contradictions left the possibil-ity open to the Führerprinzip, the truth is that the normative tools of exception are still in force in the presidential systems of our Region.

Revisitando el concepto de estado en Carl Schmitt. Legalidad, legitimidad y derecho

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