The Worthy House (Charles Haywood) cover image

Legality and Legitimacy (Carl Schmitt)

The Worthy House (Charles Haywood)

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The Dangers of a Closed System of Legality

In a legislative state, norms intended to be just are the highest indecisive expression of the community will. A jurisdiction state is one in which the deciding judge in a legal dispute has the last word. McCormick: Schmidt never fully fleshes out this right of resistance, but it lurks in the background of everything he says. He implies that it is inherent in all polities, that the right may be temporarily suspended so long as it remains ideal.

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