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C. Shmitt\'s attitude towards law and government

Student: Filippenkov Nikolay

Supervisor: Yulia Erokhina

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

The purpose of final qualifying work is to study basic concepts of C. Schmitt’s scientific activity, which affect political and legal issues in connection with other important scientists; trying to adapt their ideas to the modern Russian realities. To achieve this goal it is necessary to solve the following tasks: 1.To analyze the socio-historical factors that influenced the formation of the thought of Carl Schmitt; 2.To analyze the political and legal category of "law - power" within the meaning of Carl Schmitt in the context of the concepts of "democracy", "sovereignty", "dictatorship"; 3.To examine the modern interpretation of the ideas of Carl Schmitt; 4.To compare Carl Schmitt's ideas with Hans Kelsen understanding of the concept of the state and nomocracy; 5.To select the ideas that are important to modern realities and to summarize the findings. As a result of this work, some conclusions have been drawn. After analyzing the understanding of Carl Schmitt’s concepts of democracy and sovereignty, we found out that the essence of sovereignty consists in the monopoly of political decision-making, and what dictatorship and democracy are not totally different things. There has been made an attempt to adapt the model of "friend-enemy" to Russian realities. The concept of "dictatorship" in the understanding of Schmitt and the historical research path that was a legal scholar to create his own concept in the context of this concept has been reviewed and analyzed. The important part in works of Schmitt important part deals with studying of category "the law and the power." For better and clearer interpretation of his ideas we used inductive reasoning using concepts such as legality and legitimacy. Also, the comparative analysis of the main C. Schmitt’s and H. Kelsen’s concepts of the state and the nomocracy has been made.

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