Parts I–II
Cosmin Sebastian CERCEL, Assistant, The Boundaries of the Legal: Carl Schmitt and the Critique of Legality
Starting from an analysis of the uncertain status of the legal in society, as reflected in contemporary inquiries in the field of legal theory, this presentation offers a reflection on the ideological and historical constellations that have shaped the current state of legal discourse. In this regard, the paper focuses on analyzing a central topic for legal thought, namely the critique of the liberal concept of legality as presented in the controversial writings of the German jurist Carl Schmitt. In the first part, the article aims to provide, through a methodical reading, a detailed picture of the alternative theory of law developed by Carl Schmitt, which stands in radical contrast to classical normativist doctrine. In the second part, this article offers a critical evaluation of the legal ontology posited by Carl Schmitt, highlighting its destructive effects and questioning its resurgence in contemporary approaches to law.