4 Quotes by Carl Schmitt about positivism

  • Author Carl Schmitt
  • Quote

    The essence and value of the law lies in its stability and durability (...), in its “relative eternity.” Only then does the legislator’s self-limitation and the independence of the law-bound judge find an anchor. The experiences of the French Revolution showed how an unleashed pouvoir législatif could generate a legislative orgy.

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  • Author Carl Schmitt
  • Quote

    True law is not imposed; it arises from unintentional developments. (...)Law emerges (...) as something not merely legislated but given. The later positivism knows no origin and has no home. It recognizes only causes or basic norms. It seeks to be the opposite of “unintended” law. Its ultimate goal is control and calculability.

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