Sovereign is he who decides on the exception.
Carl SchmittRead
All law is situational law. The sovereign produces and guarantees the situation in its totality. He has the monopoly over this last decision.
Interpretation
What this quote means
This quote emphasizes that law is influenced by context and that the sovereign authority maintains control over the overarching legal situation.
Carl Schmitt's quote reflects on the nature of law as being inherently tied to specific circumstances rather than existing as a rigid set of rules applicable universally. He argues that a sovereign, or authoritative figure, has the power to define and dictate these contexts, highlighting a fundamental relationship between power, authority, and law. This suggests that the interpretation and application of law are contingent upon the prevailing political and social conditions, emphasizing the dynamic nature of legal systems.
Themes
LawSovereigntyAuthorityPoliticsContext
In practice
Example use cases
During a legal conference discussing the fluidity of law based on societal changes.
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All quotes βAll significant concepts of the modern theory of the state are secularized theological concepts.
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