Legality and Legitimacy: Notes on the relationship between Otto Kirhheimer and Carl Schmitt

Authors

  • Josu de Miguel Bárcena Profesor titular Universidad de Cantabria

DOI:

https://doi.org/10.17811/hc.v0i24.891

Keywords:

Otto Kirchheimer; Carl Schmitt; Republic of Weimar; legitimacy and legality; Left – Schmittianism.

Abstract

This paper aims to analyze the category of constitucional legitimacy from the debate held between Otto Kirchheimer and Carl Schmitt, student and teacher during the Republic of Weimar. This debate will also allow us to present the intellectual biography and, above all, the theory of the State and the Constitution of the young Otto Kirchheimer, partially forgotten, to the Spanish public. In the context of this analysis, we consider interesting to address Carl Schmitt´s influence on the historical and contemporary academic left, taking into account the methodological contradictions of Kirchheimer himself, the first representative of what has been considered as “Left – Schmittianism”.

Fecha de envío / Submission Date: 22/10/2022
Fecha de aceptación / Acceptance Date: 12/12/2022

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Published

2023-09-04

Issue

Vol. 1 No. 24 (2023): Historia Constitucional N. 24 (2023)

Section

Europe and United States of America

License

Copyright (c) 2022 Josu de Miguel Bárcena

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