Carl Schmitt

Formal and existential law

08.10.2024

The eminent German jurist and philosopher Carl Schmitt developed the concept of the decision in exceptional circumstances. Ernstfall (exceptional circumstances) is when a political decision is made in circumstances that cannot be governed by existing legal rules; in a situation that is not covered by the available law, or if it is, not sufficiently covered; when acting within the law will lead to significant negative consequences.

Carl Schmitt and the Concept of the Political

Carl Schmitt and the Concept of the Political
14.12.2023

Carl Schmitt is among the authors and theoreticians of the German Right whose attitude towards National Socialism was, at the very least, subtle. In his now classic work entitled Die konservative Revolution in Deutschland, 1918–32 (Wissenschaftliche Buchgesellschaft, Darmstadt, 1974), which he dedicated to the various German nationalistic currents of the interwar period, Doctor Armin Mohler mentions Schmitt as one of the leading figures of the ‘conservative revolution’, alongside five other ‘outsiders’: Ernst Jünger and his brother Friedrich Georg, Hans Blüher, Oswald Spengler and Thomas Mann.