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- Title
Quien dice Estado de derecho quiere engañar: Carl Schmitt y el antipositivismo jurídico nacionalsocialista (1934-1936).
- Authors
ROSLER, ANDRÉS
- Abstract
This paper studies the National Socialist debate on the rule of law by way of using the work of Carl Schmitt between 1934 and 1936 as a witness case. We will see that not a few of those who repudiate Carl Schmitt for his collaboration with National Socialism share not only his theory of law at the time, but particularly his defence of a conception of the rule of law that violates the fundamental rights of defendants. At the same time, these considerations will help us understand that the debate on the rule of law is more alive than ever.
- Subjects
RULE of law; SCHMITT, Carl, 1888-1985; NATIONAL socialism; NAZIS; CIVIL rights; DEFENDANTS; CONSTITUTIONAL law
- Publication
Prohistoria, 2023, Issue 40, p1
- ISSN
1514-0032
- Publication type
Article
- DOI
10.35305/prohistoria.vi40.1854