Norma a decise. Problém uskutečnění práva a pojmy suverenity a právního řádu v raných a výmarských spisech Carla Schmitta
Norm and Decision. The Problem of the Realization of Law and the Concepts of Sovereignty and Legal Order in the Early and Weimar Writings of Carl Schmitt

Summary/Abstract: In this paper, I focus on the concepts of sovereignty and legal order in the decisionist theory of Carl Schmitt (1888–1985), one of the most cited bud also, due to his entry into the NSDAP in 1933, one of the most controversial legal philosophers of the 20th century, as presented in his early and Weimar writings. I argue that although Schmitt's thoughts are not presented by him within a system, but mostly polemically and with (seeming?) contradictions systematic interpretation of his ideas expressed in T he V alue of the S tate and the S ignificance of the I ndividual (1914), D ictatorship (1921), and P olitical T heology (1922), as well as his reflections on the problem of the realization of law, makes it possible to (i) reconstruct a relatively stable core of Schmitt’s philosophy of law and concept of legal order, and (ii) show that his legal philosophy is less radical than many of his often exaggerated statements suggest when considered individually. I try to show that Schmitt does not understand the sovereign as a mere wielder of power, but as an authority related to preceding law, whose role is to mediate between normativity and factuality and to realize the law in empirical reality. Finally, I claim that this holds also for P olitical T heology , which is considered as one of more radical Schmitt's writings and is often seen as a turning point in his thinking.

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