NN literary & philosophical essays · Vol. I
From the library

Political Theology

Carl Schmitt · 1922
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([[Political theology_ Four chapters on the c - Carl Schmitt.pdf#page=66&selection=199,0,361,4|Political theology_ Four chapters on the c - Carl Schmitt, p.13]]) There exists no norm that is applicable to chaos. For a legal order to make sense, a normal situation must exist, and he is sovereign who definitely decides whether this normal situation actually exists. All law is “situational law. “ The sovereign produces and guarantees the situation in its totality. He has the monopoly over this last decision. Therein resides the essence of the state’s sovereignty, which must be juristically defined correctly, not as the monopoly to coerce or to rule, but as the monopoly to decide. The exception reveals most dearly the essence of the state’s authority. The decision parts here from the legal norm, and (to formulate it paradoxically) authority proves that to produce law it need not be based on law.