Imago Veritas Falsa: For a (Post-)Schmittian Decisionist Theory of Law, Legal Reasoning and Judging

Research output: Contribution to journalArticle

Abstract

For decades, while approaching the ‘normativism/pragmatism’ divide and discussing the legitimacy of (and opportunity for) the judge to act as a ‘social engineer,’ socio-legal scholars have tried to ascertain whether the jurist should also consider the impact of his/her activity on society at large, and if so, why and to what extent. The present contribution understands instead the law in terms of a structurally incomplete image (imago veritas falsa) which always needs the decisive intervention of the legal interpreter to exercise its performative instances. In particular, by adopting an unconventional theoretico-philosophical approach that transcends the classic boundaries of foundationalist metaphysics as expressed by the dichotomy of Western logic, this paper argues for the necessity of a tertium comparationis capable of explaining that the real essence of law, legal reasoning, and judging is neither that of normativism, nor of pragmatism, but rather of (post-)Schmittian decisionism.
Original languageEnglish
Pages (from-to)118-141
JournalAustralian Journal of Legal Philosophy
Volume39
Publication statusPublished - 2014

Fingerprint Dive into the research topics of 'Imago Veritas Falsa: For a (Post-)Schmittian Decisionist Theory of Law, Legal Reasoning and Judging'. Together they form a unique fingerprint.

  • Profiles

    No photo of Luca Siliquini-Cinelli

    Siliquini-Cinelli, Luca

    • Law - Lecturer (Teaching and Research)

    Person: Academic

    Cite this