Published: 2024-12-24

Carl Schmitt and his „reading” of Article 19 of the Nazi Party manifesto

Maciej Jońca
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2024.24.4.07

Abstract

Little attention has been paid so far in the Polish publications on Carl Schmitt to his article Aufgabe und Notwendigkeit des deutschen Rechtsstandes, which starts with a concerted critique of Roman law. Schmitt’s found a precedent for his criticism in Article 19 of the Nazi Party manifesto, which says „We want German law to replace Roman law, which serves the materialist world order.” Schmitt saw Roman law as a symbol of the legal order built up in Germany over the centuries. He wanted not only the rejection of Roman law but also the repeal of the Germany’s constitutional system and the abolition of the principles of tripartite government and judicial independence. His article proved highly influential in Nazi political and legal circles.

Keywords:

Carl Schmitt, totalitarianism, Article 19 of the Nazi Party manifesto, Roman law

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Citation rules

Jońca, M. (2024). Carl Schmitt and his „reading” of Article 19 of the Nazi Party manifesto. Zeszyty Prawnicze, 24(4), 133–156. https://doi.org/10.21697/zp.2024.24.4.07

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