Audiatur et altera pars: sul contraddittorio e l'analogia in Carl Schmitt

Abstract

In this paper I try to describe and discuss role of analogy in some of the Schmitt’s texts, assuming that his thoughts on that topic are almost systematic, in accordance with analogy itself. The first focus is to examine the possible connections between analogy, the famous criterion of the Political and a concept of law that is affirmed by Schmitt to exist only where we find the due process of law as operating principle. In second instance I put in sight that kind of identity through a confrontation between some schmittian analogic elements and the theories on analogy formulated by Arthur Kaufmann and Enzo Melandri. Then I tried to show that Schmitt’s approach to analogy participates of both of the others, that is to say, hermeneutical and a kind of post dialectical with the aim of emphasizing that by adopting the Melandri’s analogia legis we can find an explicit call to find revolutionary analogies able to change a conservative context, while in Schmitt we can find only what is revolutionary in a negative meaning.