Abstract
Chapter 1 analyzed some important aspects of Schmitt’s theory, the critiques of Schmitt in China and how Schmitt can potentially be of benefit to Chinese liberalism. This chapter explores Schmitt’s critique of the positivist understanding of law in a detailed and systematic way.1 In this critique, Hans Kelsen’s legal theory is Schmitt’s main target. Schmitt’s critique is mainly conducted from two perspectives: the founding and protecting moments of a constitutional order. Schmitt’s critique of the positivist understanding of law, therefore, contributes to the understanding of the relationship between law and political power or political authority in the politics of transition. ‘Political power’ and ‘political authority’ are interchangeable in this context.
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