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Author : David Dyzenhaus
Publisher : Duke University Press
Page : 340 pages
File Size : 41,9 Mb
Release : 1998
Category : Law
ISBN : 0822322447
Articles previously published in the Canadian journal of law and jurisprudence.
Author : Christopher Adair-Toteff
Publisher : Springer Nature
Page : 137 pages
File Size : 42,6 Mb
Release : 2020-09-10
Category : Philosophy
ISBN : 9783030571184
This book is an investigation into Carl Schmitt’s critical thinking regarding the alleged deficiencies he identified in modern liberalism. Noted jurist, constitutional scholar, and a fierce critic of liberalism and pluralism, Schmitt mounted a sustained attack on the defects of the Weimar constitution between 1916 and 1934, contending that what Germany needed was a strong decisive leader to maintain political unity. This book provides a concise and clear explanation of Schmitt’s disagreements with other constitutional scholars, from his time as a university graduate up until Hitler’s rise to power. Although these disagreements were couched in legal terminology, they represented political criticisms that went directly to the heart of modern democracy, culminating in Schmitt's defence of the Reich against Prussia in the constitutional crisis of 1932. The book concludes with a strenuous defence of modern liberalism in response to the Schmittian critique. Thus, this book is not just an exploration of Carl Schmitt’s work, but a response to one of the harshest attacks on the modern liberal state, and a blueprint for a renewal of democracy, pluralism, and the rule of law.
Author : Michael Salter
Publisher : Routledge
Page : 314 pages
File Size : 44,5 Mb
Release : 2012
Category : Law
ISBN : 9780415478502
There has been and continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics, but this is the first book to address his thought from an explicitly legal theoretical perspective, as it addresses the actual and potential significance of Schmitt's thought for debates within contemporary Anglo-American legal theory that have emerged during the past three decades.
Author : William E. Scheuerman
Publisher : Rowman & Littlefield
Page : 368 pages
File Size : 52,8 Mb
Release : 1999
Category : Law
ISBN : 0847694186
This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought (Joseph Schumpeter, Friedrich A. Hayek, and Hans Morgenthau) in the United States after 1945. Visit our website for sample chapters!
Author : David Dyzenhaus
Publisher : Unknown
Page : 336 pages
File Size : 50,5 Mb
Release : 2012-10-01
Category : Philosophy
ISBN : 0822377845
While antiliberal legal theorist Carl Schmitt has long been considered by Europeans to be one of this century's most significant political philosophers, recent challenges to the fundamental values of liberal democracies have made Schmitt's writings an unavoidable subject of debate in North America as well. In an effort to advance our understanding not only of Schmitt but of current problems of liberal democracy, David Dyzenhaus presents translations of classic German essays on Schmitt alongside more recent writings by distinguished political theorists and jurists. Neither a defense of nor an attack on Schmitt, Law as Politics offers the first balanced response to his powerful critique of liberalism. One of the major players in the 1920s debates, an outspoken critic of the Versailles Treaty and the Weimar Constitution, and a member of the Nazi party who provided juridical respectability to Hitler's policies, Schmitt contended that people are a polity only to the extent that they share common enemies. He saw the liberal notion of a peaceful world of universal citizens as a sheer impossibility and attributed the problems of Weimar to liberalism and its inability to cope with pluralism and political conflict. In the decade since his death, Schmitt's writings have been taken up by both the right and the left and scholars differ greatly in their evaluation of Schmitt's ideas. Law as Politics thematically organizes in one volume the varying engagements and confrontations with Schmitt's work and allows scholars to acknowledge--and therefore be in a better position to negotiate--an important paradox inscribed in the very nature of liberal democracy. Law as Politics will interest political philosophers, legal theorists, historians, and anyone interested in Schmitt's relevance to current discussions of liberalism. Contributors. Heiner Bielefeldt, Ronald Beiner, Ernst-Wolfgang Bockenforde, Renato Cristi, David Dyzenhaus, Robert Howse, Ellen Kennedy, Dominique Leydet, Ingeborg Maus, John P. McCormick, Reinhard Mehring, Chantal Mouffe, William E. Scheuerman, Jeffrey Seitzer
Author : Carl Schmitt
Publisher : University of Chicago Press
Page : 150 pages
File Size : 53,9 Mb
Release : 1996-06
Category : Philosophy
ISBN : 0226738868
In this, his most influential work, legal theorist and political philosopher Carl Schmitt argues that liberalism's basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state. This edition of the 1932 work includes the translator's introduction (by George Schwab) which highlights Schmitt's intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. It also includes Leo Strauss's analysis of Schmitt's thesis and a foreword by Tracy B. Strong placing Schmitt's work into contemporary context.
Author : John P. McCormick
Publisher : Cambridge University Press
Page : 368 pages
File Size : 44,8 Mb
Release : 1997
Category : Philosophy
ISBN : 0521664578
This is the first in-depth critical appraisal in English of the political, legal, and cultural writings of Carl Schmitt, perhaps this century's most brilliant critic of liberalism. It offers an assessment of this most sophisticated of fascist theorists without attempting either to apologise for or demonise him. Schmitt's Weimar writings confront the role of technology as it finds expression through the principles and practices of liberalism. Contemporary political conditions such as disaffection with liberalism and the rise of extremist political organizations have rendered Schmitt's work both relevant and insightful. John McCormick examines why technology becomes a rallying cry for both right- and left-wing intellectuals at times when liberalism appears anachronistic, and shows the continuities between Weimar's ideological debates and those of our own age.
Author : Carl Schmitt
Publisher : University of Chicago Press
Page : 123 pages
File Size : 43,6 Mb
Release : 2010-05-14
Category : Political Science
ISBN : 9780226738901
Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century. Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.
Author : Johan van Der Walt
Publisher : Routledge
Page : 289 pages
File Size : 47,9 Mb
Release : 2019-09-12
Category : History
ISBN : 9780429594700
This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.
Author : Carl Schmitt
Publisher : Routledge
Page : 227 pages
File Size : 47,7 Mb
Release : 2017-07-12
Category : Political Science
ISBN : 9781351498692
A pioneer in legal and political theory, Schmitt traces the prehistory of political romanticism by examining its relationship to revolutionary and reactionary tendencies in modern European history. Both the partisans of the French Revolution and its most embittered enemies were numbered among the romantics. During the movement for German national unity at the beginning of the nineteenth century, both revolutionaries and reactionaries counted themselves as romantics. According to Schmitt, the use of the concept to designate opposed political positions results from the character of political romanticism: its unpredictable quality and lack of commitment to any substantive political position. The romantic person acts in such a way that his imagination can be affected. He acts insofar as he is moved. Thus an action is not a performance or something one does, but rather an affect or a mood, something one feels. The product of an action is not a result that can be evaluated according to moral standards, but rather an emotional experience that can be judged only in aesthetic and emotive terms. These observations lead Schmitt to a profound reflection on the shortcomings of liberal politics. Apart from the liberal rule of law and its institution of an autonomous private sphere, the romantic inner sanctum of purely personal experience could not exist. Without the security of the private realm, the romantic imagination would be subject to unpredictable incursions. Only in a bourgeois world can the individual become both absolutely sovereign and thoroughly privatized: a master builder in the cathedral of his personality. An adequate political order cannot be maintained on such a tolerant individualism, concludes Schmitt.
Author : Renato Cristi
Publisher : Unknown
Page : 268 pages
File Size : 41,9 Mb
Release : 1998
Category : History
ISBN : STANFORD:36105022848118
Within Germany, Carl Schmitt's status as a political thinker is on a par with Machiavelli and Hobbes. With the rise in neo-conservatism and authoritarian liberalism in less developed countries such as Chile and Singapore, Renato Christi believes Schmitt's theories will become of considerable importance. Nazi Third Reich. His political theories provide an insight into the nature of Conservatism. well as extrapolate possibilities for the future.
Author : Matilda Arvidsson,Leila Brännström,Panu Minkkinen
Publisher : Routledge
Page : 258 pages
File Size : 41,9 Mb
Release : 2015-08-20
Category : Law
ISBN : 9781317585572
What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt’s positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt’s writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt’s relevance for an understanding of the contemporary world. Engaging the background and intellectual context in which Schmitt wrote his major works – often with reference to both primary and secondary literature unavailable in English – this book will be of enormous interest to legal and political theorists.
Author : William E. Scheuerman
Publisher : Rowman & Littlefield
Page : 358 pages
File Size : 54,8 Mb
Release : 2019-10-18
Category : Philosophy
ISBN : 9781786611567
Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism.
Author : Carl Schmitt
Publisher : MIT Press
Page : 190 pages
File Size : 40,6 Mb
Release : 1988-06-22
Category : Philosophy
ISBN : 0262691264
The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. Described both as "the Hobbes of our age" and as "the philosophical godfather of Nazism," Carl Schmitt was a brilliant and controversial political theorist whose doctrine of political leadership and critique of liberal democratic ideals distinguish him as one of the most original contributors to modern political theory. The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. First published in 1923, it has often been viewed as an attempt to destroy parliamentarism; in fact, it was Schmitt's attempt to defend the Weimar constitution. The introduction to this new translation places the book in proper historical context and provides a useful guide to several aspects of Weimar political culture. The Crisis of Parliamentary Democracy is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy.
Author : Louiza Odysseos,Fabio Petito
Publisher : Routledge
Page : 496 pages
File Size : 43,6 Mb
Release : 2007-03-06
Category : Philosophy
ISBN : 9781134114481
Presenting the first critical analysis of Carl Schmitt's The Nomos of the Earth and how it relates to the epochal changes in the international system that have risen from the collapse of the ‘Westphalian’ international order. There is an emerging recognition in political theory circles that core issues, such as order, social justice, rights, need to be studied in their global context. Schmitt’s international political thought provides a stepping stone in these related paths, offering an alternative history of international relations, of the genesis, achievements and demise of the ‘Westphalian system.’ Writing at a time when he believed that the spatial, political and legal order—the nomos of the earth—had collapsed, he highlighted the advent of the modern state as the vehicle of secularization, tracing how this interstate order was able to limit and ‘rationalize and humanize’ war. Providing a large number of case studies including: global terrorism, humanitarian intervention and US hegemony, this book will give further impetus to, and expand, the nascent debate on the significance of Schmitt’s legal and political thought for international politics. The International Political Thought of Carl Schmitt will be of interest to students and scholars of international relations, law and history.