Humanidad y derecho: una lectura de la obra temprana de Schmitt

This paper aims to justify that in his early works, Schmitt elucidates some ontological structures that operate in all human understanding, based on his legal and political analysis. In particular, we show that the German jurist identifies and delves into finitude and historicity (in its personal an...

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Bibliographic Details
Main Author: Pérez Lasserre, Diego
Format: Article
Language:Spanish
Published: 2022
Subjects:
law
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8538248
Source:Díkaion: revista de actualidad jurídica, ISSN 0120-8942, Vol. 31, Nº. 2, 2022
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Summary: This paper aims to justify that in his early works, Schmitt elucidates some ontological structures that operate in all human understanding, based on his legal and political analysis. In particular, we show that the German jurist identifies and delves into finitude and historicity (in its personal and epochal senses). We also see how he questions the role of metaphysics and decisions in interpreting and shaping the world. Put differently, following readings such as those of Ojakangas and Herrera, we argue that the thematization of legal and political phenomena causes Schmitt to propose a theory of human understanding with general implications.