Introduction
The Introduction analyzes both how the popular appeal of the Nazi and Communist parties posed a dilemma for Weimar democracy and how Schmitt thought this dilemma illustrated the broader problem mass democracy posed for twentieth-century constitutional democratic states. The dilemma begged the question of whether the will of the people could be legitimately constrained. The Introduction contextualizes Schmitt’s analysis of this dilemma by reconstructing nineteenth- and early twentieth-century debates in German jurisprudence about the nature of valid law, arguing that Schmitt’s thought emerged out of an anti-positivist movement. This Introduction also assesses some of the problems facing scholarship of Schmitt, including his occasionalism and anti-Semitism. While acknowledging how damning these charges are, it argues that Schmitt’s state and constitutional theory can be separated from his personal failures and that his thought provides a valuable and original solution to the problems modern mass democracy poses.