施米特是魏玛德国宪政危机时期最重要的法学家之一。他不是魏玛宪政的敌人,而是其积极的捍卫者。施米特的护法立场,在他的《宪法的守护者》、《合法与合法性》等著作中清晰可辨。不过,施米特捍卫魏玛宪政的理路亦存在问题。1933年后施米特投靠纳粹政权,进而阐发一种不无纳粹色彩的新法理学,并非缘于他政治上的投机,而是与他自20世纪二十年代以来对宪政的基本理解相一致。 Schmidt is one of the most important jurists during the constitutional crisis in Weimar Germany. He is not an enemy of Weimar’s constitutional government, but an active defender. Schmitter’s law enforcement standpoint is clearly discernible in his writings such as “Guardian of the Constitution” and “Legality and Legitimacy”. However, there are problems with Schmitt’s defense of Weimar’s constitutional government. After Schmitt decided to surrender to the Nazi regime in 1933, he elucidated a new jurisprudence not without nazi features, not because of his political speculation, but with his basic understanding of constitutional government since the 1920s.