ABSTRACT

The prospect of opening a space for interpretation beyond Schmitt's authorial intention emerges by exploring the question of Schmitt's contemporary relevance from the standpoint of his characterization and identity as jurist. This chapter begins with Schmitt's self-conception as a theologian of legal science, to place into question the possibility not only of Schmitt's self-ascription but also his position and identity as jurist and, furthermore, his legal thought. The modification is apparent in Schmitt's self-designation as a theologian of legal science, which reflects the shift in the conceptualization of the orientation of order and the political unity in both his own thought and that of 'modern political theory'. The self-designation which Schmitt offers - of a jurist who is also a theologian of legal science - finds its first textual expression in the immediate post-World War II works of Ex Captivitate Salus and Glossarium and accompanies Schmitt's experience of the collapse of National Socialism.