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The Definite and the Dubious: Carl Schmitt's Influence on Conservative Political and Legal Theory in the US

Joseph W. Bendersky

If some of the recent scholarship on Carl Schmitt is correct, there are insidious forces at work in America of which everyone in the country is completely unaware. Most people are also oblivious to the fact that behind these secret forces threatening America stands the dangerous "ghost of Carl Schmitt." While it is at least partially facetious to introduce the subject in this manner, those sounding the alarm about this alleged danger are absolutely serious. One refers to the "profound blindness" among contemporary American legal theorists that "risks rendering American legal thought provincial and irrelevant."2 Moreover, those making such extraordinary...







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