Abstract

PEREZ LASSERRE, Diego. Humanity and Law: A Reading of Schmitt's Early Works. Díkaion [online]. 2022, vol.31, n.2, e3123.  Epub Aug 11, 2022. ISSN 0120-8942.  https://doi.org/10.5294/dika.2022.31.2.3.

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.

Keywords : Schmitt; human understanding; historicity; finitude; law.

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