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The subject of this study investigates the relationship between “decision-thinking” and “Konkretes-Ordnungsdenken” in Carl Schmitt. Does the thinking of the institution really overflow with the “decision-making” approach? Really, the thought of the institution, insofar as it is internal to the logic by ideal-type, is internal to the decision-making paradigm. There are a lot of differences between the thinking of the 1930s and the previous reflection, but not such as to suggest a total change of epistemological paradigm by Carl Schmitt. In addition, institution and legal order (Santi Romano e Maurice Hauriou) are studied, outside ‘ideal-typical’ perspective.
