Decisionism and Normativism in Modernity of Law: a Perspective from Carl Schmitt's Critique on Modernity of Law

Modernity is termed to describe the differences between modern life and traditional life with rationalization and secularization as the distinctive features for the former. In legal field, secularization leads to value-pluralism and relativism, whereas rationalization positivism and normativism. Modernity has both positive and negative effects in legal field. For the positive effect, it protects personal rights and private life; for the negative side, it eliminates the meaning of life and causes ceaseless dispute over values. Carl Schmitt employed the conception of political theology to revive the virtue of liberalism, and criticized normativism of law. The legacy of Schmitt can help reflect the problems on the modernity of law and the liberal democracy, which will revise one-side attitude to law and democracy.