Carl Schmitts „Grossraumlehre" im kontext des nationalsozialismus

Authors

  • Peter Techet PostDoc

DOI:

https://doi.org/10.17811/hc.v0i22.727

Keywords:

derecho internacional, historia del derecho, Carl Schmitt, Hans Kelsen, nacional socialismo

Abstract

The debates on how Europe can be organized as a unity took place in the National Socialist Germany too. The aim at that time was to unite Europe under German hegemony – as a “large space” around a German empire. Carl Schmitt provided with his “Großraumlehre” one of the best-known theories of a National Socialist Europe. Carl Schmitt developed his theory against the possibility of “world law” as well against state sovereignty. In this paper, the “Großraumlehre” will be analysed, on the one hand, in the context of Schmitt's anti-universalistic and anti-pluralistic legal theory as an alternative to the universalistic and pluralistic legal theory of Hans Kelsen. (I.) On the other hand, Schmitt's theory will be linked to other – clearly racist – National Socialist European plans. (II.) At the end of this paper, I also address the question of whether and why Schmitt's theory – despite the context in which it came out – could remain compatible with today's debates on Europe and global politics. (Ausblick)

Enviado el (Submission Date): 07/02/2021

Aceptado el (Acceptance Date): 16/04/2021

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Published

2021-09-04

Issue

No. 22 (2021): Historia Constitucional N. 22 (2021)

Section

Europe and United States of America

License

Copyright (c) 2021 Peter Techet

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