Sovereignty’s architecture: the present concept of decision in Hans Kelsen and Carl Schmitt
DOI:
https://doi.org/10.12957/publicum.2016.22849Keywords:
Hans Kelsen, Carl Schmitt, Sovereignty, Decision, State of Exception.Abstract
The following article aims to present how the concept of “decision” is built in Hans Kelsen’s and Carl Schmitt’s work. The article analyzes the arguments provided by the authors in selected works and, then, looks to demonstrate in which way the current concept of decision, through sovereignty idea, attaches itself to the legitimacy of State of Exception. In the end, the article tries to point out few aspects from this discourse in the current juridical-political national scenario.
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