The influence of Maurice Hauriou in Carl Schmitt: from the institutional turn to the concrete order thinking

Authors

  • Tomás Wieczorek Instituto de Investigaciones Gino Germani-Facultad de Ciencias Sociales- Universidad de Buenos Aires / Consejo Nacional de Investigaciones Científicas y Técnicas (Argentina)

DOI:

https://doi.org/10.17811/hc.v0i24.869

Keywords:

Carl Schmitt, Maurice Hauriou, institutional turn, institutionalism, concrete order thinking

Abstract

The article focuses on Maurice Hauriou´s influence on the institutionalist turn that led Carl Schmitt from decisionism to the concrete order thinking. To this aim, and after a historical and critical framing, the article addresses the question of “prior obedience”, compares their respective visions of individual rights and institutional guarantees in the modern constitution, analyzes the Schmittian reception of Hauriou's doctrine of superlegality, and compares the Frenchman's theory of institution with the German's concrete order thinking; a section is devoted to each of these aspects. As a result, it is concluded that Hauriou´s important influence on Schmitt´s institutionalist turn pales with the latter´s definitive adoption of his concrete order thinking.

Enviado el (Submission Date): 25/04/2022
Aceptado el (Acceptance Date): 6/06/2022

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Published

2023-09-04

Issue

Vol. 1 No. 24 (2023): Historia Constitucional N. 24 (2023)

Section

Europe and United States of America

License

Copyright (c) 2022 Tomás Wieczorek

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