La sfortuna del giurista. A proposito di: CARL SCHMITT. UN GIURISTA DAVANTI A SE STESSO. SAGGI E INTERVISTE

This paper, which became the subject of discussion in various national and international blogs, highlights the prospect of a legal study of political science even more than the thought of Carl Schmitt. Born as a review of the book edited by Giorgio Agamben: Carl Schmitt: The unlucky of the jurist, the article focuses on a fundamental issue: the ascertainment by Schmitt's of the transition from mere production of legal set of rules to interpretative decision , it is due to the bureaucratization of the process of formal law. In particular way, the intervention itself is as the novelty, such as analysis of the first Italian translation in the book by Agamben, Schmitt's essay: Die Weltlegale Revolution published in 1978 in the magazine Der Staat. Brings out the solution, not political, but legal, just from the lines of the late work of Schmitt. Not the political decision-how unique solution of the problem of the end of the jus publicum europaeum - but rather a reconsideration of the jus-privatorum that does not accept political decisions, but only legal or law-based interpretation. The real political problem of a super-state, founded on a legalized and bureaucratized Law, on finance and economy, as Carl Schmitt declared in 1978, it is not the identification of who actually takes the decisions (according to the traditional tendency to make quick decision ), but the possible about control the power of judges, that is not subduable to political rules, but rather to statute law interpretation.