Law Quote by Carl Schmitt
““How did Kirchmann understand the worthlessness of jurisprudence ? The answer lies in the aphorism: "Three revisions by the legislator and whole libraries became wastepaper." With a sharp alteration this answer became a slogan:"A stroke of the legislator's pen and whole libraries became wastepaper." Another aphorism in the same vein made the point even more brusquely and less politely: "Positive law turns the jurist into a worm in rotten wood." Kirchmann meant that jurisprudence could never catch up with legislation. Thus our predicament becomes immediately obvious. What remains of a science reduced to annotating and interpreting constantly changing regulations issued by state agencies presumed to be in the best position to know and articulate their true intent?””
About This Quote
Source Book: Theory of Jurisprudence, 1932
Legislation constantly revises law, rendering legal scholarship obsolete; the law becomes a tool for those in power, not a stable science.
In simple terms: Law changes faster than scholarship can keep up.
Key Takeaway
Adapt legal thinking to evolving statutes.
Themes
law
power
instability
Mood
critical
thoughtful
Type
philosophical
analytical
When to use this quote
- legal practice
- policy analysis
- academic research
- public administration
Key Concepts
jurisprudence
legislative authority
Questions to Reflect On
- How does rapid legal change affect justice?
- Can law ever be truly objective?
A Different Perspective
Some legal frameworks remain stable over time.
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