Legal Positivism, Political Decisionism, and Philosophy of Life
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Abstract
Through Dilthey’s Philosophy of Life, in this essay the theories of Kelsen and Schmitt will
be compared, noting, as a fundamental likeness between them, the pretension of purity, legal in the first
one and political in the latter. As the most noticeable difference, we find the position of the Constitution’s
guardian: the Constitutional Court and the Führer, respectively. As a conclusion, this essay tries to retain
the positive aspects of both theories: judicial constitutional control (Kelsen) and popular participation
(Schmitt)
be compared, noting, as a fundamental likeness between them, the pretension of purity, legal in the first
one and political in the latter. As the most noticeable difference, we find the position of the Constitution’s
guardian: the Constitutional Court and the Führer, respectively. As a conclusion, this essay tries to retain
the positive aspects of both theories: judicial constitutional control (Kelsen) and popular participation
(Schmitt)
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How to Cite
Ortiz Andrade, J. (2013). Legal Positivism, Political Decisionism, and Philosophy of Life. Crítica Jurídica. Revista Latinoamericana De Política, Filosofía Y Derecho, (32). https://doi.org/10.22201/ceiich.01883968p.2011.32.35751