Vermeule e Posner escvrem sobre Schmitt

colocar o titulo do texto no google. Reparem que sairá Cambridge Companion sobre CArl Schmitt


Posner on Carl Schmitt via Legal Theory Blog de Lawrence Solum em
14/12/10

Adrian Vermeule and Eric A. Posner (Harvard University - Harvard Law
School and University of Chicago - Law School) have posted Demystifying
Schmitt (CAMBRIDGE COMPANION TO CARL SCHMITT, Forthcoming) on SSRN.
Here is the abstract:
Carl Schmitt is too important to be left to the Schmitt specialists.
Although scholars in law and other disciplines who could profit from
Schmitt have begun to do so, they are sometimes repelled by Schmitt’s
conceptualistic style and jargon. This chapter attempts to demystify
Schmitt by interpreting some of his main insights through the lens of
modern social sciences, particularly economics and political science.
There is a large literature in political science on the political
foundations of democracy, constitutionalism and the rule of law. This
literature emphasizes that legal rules, by themselves, cannot create a
political equilibrium, which always depends upon the expectation of
political actors that other actors will contribute to preserving the
constitutional regime rather than subverting it. This insight allows us
to interpret Schmitt’s fundamental distinction between legality and
legitimacy more concretely than in extant work. There is also a large
literature in law and economics on ex ante rules versus ex post
standards. Schmitt’s theory of the exception can be understood as an
argument that governance through ex post standards, rather than ex ante
rules, is inevitable and even desirable where political, economic or
military conditions change rapidly and cause exogenous shocks to the
constitutional order. Overall, the chapter claims that a pragmatic,
social-scientific reading of Schmitt will help to identify his major
contributions more clearly and make Schmitt more useful and accessible
to scholars interested in law and politics.