Law Quote by Carl Schmitt
““True law is not imposed; it arises from unintentional developments. (...)Law emerges (...) as something not merely legislated but given. The later positivism knows no origin and has no home. It recognizes only causes or basic norms. It seeks to be the opposite of “unintended” law. Its ultimate goal is control and calculability.””
About This Quote
Source Book: Theory of the Partisan, Carl Schmitt, 1963
Law should emerge organically from society rather than being forced by authority, emphasizing natural development over rigid control.
In simple terms: Law grows naturally, not imposed.
Key Takeaway
Respect organic legal evolution.
Themes
law
philosophy
society
authority
control
Mood
thoughtful
critical
Type
analytical
philosophical
When to use this quote
- legislative drafting
- policy making
- judicial interpretation
- social movements
Key Concepts
Legal positivism
natural law
normative theory
Questions to Reflect On
- How can societies balance natural law with necessary regulation?
- What risks arise from over‑reliance on unintended legal outcomes?
A Different Perspective
May overlook practical need for clear rules.
![“That country [Carthage] was rapidly sinking into the state of barbarism from whence it had been raised by the Phoenician colonies and Roman laws; and every step of intestine discord was marked by some deplorable victory of savage man over civilized society.” quote by Edward Gibbon](https://sms4smile.com/quotes/img-quotes/70c/edward-gibbon-710_barbarism_that-country-carthage-was-rapidly-sinkin_393.jpg)
![“[Islam] Leaves no room of human legislation in an Islamic state, because herein all legislative functions vest in God and the only function left for Muslims lies in their observance of the God-made law.” quote by Abul A'la Maududi](https://sms4smile.com/quotes/img-quotes/704/abul-a-la-maududi-51903_function_islam-leaves-no-room-of-human-legislatio_886.jpg)
![“Next came the Patent laws. These began in England in 1624; and, in this country, with the adoption of our constitution. Before then [these?], any man might instantly use what another had invented; so that the inventor had no special advantage from his own invention. The patent system changed this…” quote by Abraham Lincoln](https://sms4smile.com/quotes/img-quotes/449/abraham-lincoln-88_adoption_next-came-the-patent-laws-these-began-in_1828.jpg)
