Constitutional Theory Schmitt After Derrida

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Constitutional Theory: Schmitt After Derrida

Author : Jacques de Ville
Publisher : Taylor & Francis
Page : 231 pages
File Size : 53,5 Mb
Release : 2017-04-21
Category : Law
ISBN : 9781351866408

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Constitutional Theory: Schmitt After Derrida by Jacques de Ville Pdf

Cover -- Title -- Copyright -- Dedication -- Contents -- Acknowledgements -- Note on translations and references -- List of abbreviations -- 1 Introduction -- Schmitt and Derrida -- Constitutional theory -- Reading Schmitt -- Sequence and overview of chapters -- 2 The concept of the political -- A. Polémios -- Introduction -- Plato -- Schmitt -- Freud -- Heidegger -- The structure of the political -- B. Partisan -- Introduction -- Criteria -- The question of technology -- Philosophy and the Acheron -- The brother as double -- Woman as the absolute partisan -- Today's terror and the structure of the political -- C. Self -- Introduction -- Defining man: nakedness -- Stirner and his ego -- Modern technology -- Being-placed-in-question -- Self-deception -- Descartes and the self as enemy -- Hegel and the enemy -- Echo -- The concept of the political -- 3 Constituent power -- Introduction -- Political unity -- Political theology -- Fear and the Leviathan -- Demos without sovereignty -- Conclusion -- 4 Identity and representation -- Introduction -- The formation of identity -- Representation reconceived -- Conclusion -- 5 The concept of the constitution -- A. Khōra -- Introduction -- Derrida's reading of the Timaeus -- Khōra and the political -- Constitutions as giving place -- B. Crypt -- Introduction -- The Wolf Man -- The Wolf Man's crypt -- Constitution, memory and trauma -- 6 Human rights -- Introduction -- Freedom -- Equality -- Living together -- 7 State, Gro[beta]raum, nomos -- Introduction -- Nomos -- Man, space, nomos -- Conclusion -- 8 Conclusion -- Schmitt 'before' Derrida -- Derrida reading Schmitt -- Schmitt 'after' Derrida -- Bibliography -- Index

Constitutional Theory

Author : Carl Schmitt
Publisher : Duke University Press
Page : 492 pages
File Size : 54,9 Mb
Release : 2008-01-23
Category : Law
ISBN : 0822390582

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Constitutional Theory by Carl Schmitt Pdf

Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

Carl Schmitt between Technological Rationality and Theology

Author : Hugo E. Herrera
Publisher : State University of New York Press
Page : 212 pages
File Size : 54,9 Mb
Release : 2020-06-01
Category : Philosophy
ISBN : 9781438478791

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Carl Schmitt between Technological Rationality and Theology by Hugo E. Herrera Pdf

Carl Schmitt, one of the most influential legal and political thinkers of the twentieth century, is known chiefly for his work on international law, sovereignty, and his doctrine of political exception. This book argues that greater prominence should be given to his early work in legal studies. Schmitt himself repeatedly identified as a jurist, and Hugo E. Herrera demonstrates how for Schmitt, law plays a key role as an intermediary between ideal, conceptual theory and the complexity of practical, concrete situations. Law is concerned precisely with balancing the extremes of theory and reality, and in this respect, Schmitt associates it with philosophical thinking broadly as being able to understand and explain the tensions in human experience. Reviewing and analyzing prevailing interpretations of Schmitt by Jacques Derrida, Heinrich Meier, and others, Herrera argues that the importance of Schmitt's legal framework is both significant and overlooked.

Carl Schmitt's State and Constitutional Theory

Author : Benjamin Schupmann
Publisher : Oxford University Press
Page : 232 pages
File Size : 42,8 Mb
Release : 2017-11-17
Category : Law
ISBN : 9780192509321

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Carl Schmitt's State and Constitutional Theory by Benjamin Schupmann Pdf

Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.

Comparative History and Legal Theory

Author : Jeffrey Seitzer
Publisher : Bloomsbury Publishing USA
Page : 190 pages
File Size : 45,9 Mb
Release : 2001-05-30
Category : Political Science
ISBN : 9780313000676

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Comparative History and Legal Theory by Jeffrey Seitzer Pdf

It is a commonplace of Schmitt scholarship that the controversial thinker sought to recapture some of the elan of the pre-Weimar state through his advocacy of effectively almost unlimited presidential government. Seitzer demonstrates how Schmitt believed comparative history itself could reinvigorate the ailing German state by subtly altering prevailing understandings of the relation of theory and practice in law and politics. Treating Schmitt's Constitutional Theory and Guardian of the Constitution as methodologically sophisticated comparative histories, Seitzer turns Schmitt's argument against itself. He shows how Schmitt's comparative histories, when properly executed, support a decentralized solution to the Republic's difficulties directly contrary to Schmitt's in terms of its purpose and effect. Problem-oriented, comparative-historical studies of key features of the Weimar system suggest that the dispersion of political power facilitates an institutional dialogue over constitutional principle and practice that better provides for political stability and democratic experimentation. These studies also suggest that linking forms of justification with institutions establishes a productive tension among norms and institutions that is essential to maintaining the viability of constitutional democracy, both in the short- and long-term. This work will be of considerable value to Schmitt scholars and those interested in German legal and political theory as well as those concerned with broad issues in comparative law and European history and political theory.

Deconstructive Constitutionalism

Author : Jacques de Ville
Publisher : State University of New York Press
Page : 266 pages
File Size : 52,6 Mb
Release : 2023-01-01
Category : Philosophy
ISBN : 9781438491738

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Deconstructive Constitutionalism by Jacques de Ville Pdf

Deconstructive Constitutionalism explores the relationship between the thinking of Immanuel Kant and Jacques Derrida concerning modern constitutionalism. Kant is widely recognized as one of the philosophical forebears of modern constitutionalism; that is, the notion that state powers should be defined and limited through a constitution. Kant laid the foundation of constitutionalism through his exposition of freedom, practical reason, and moral law. However, constitutionalism is under severe strain due to the challenges posed by inter alia climate change, global health, global conflict, authoritarianism, authoritarian populism, religious fundamentalism, migration, and inequality. Deconstructive Constitutionalism investigates, by way of Derrida's engagements with Kant, how the foundations of constitutionalism can be conceived differently to address some of these twenty-first-century challenges. The book examines the possible implications of such a re-reading of Kant for democracy, the human-animal relation, criminal law and punishment, as well as for a global constitutional order.

Groundless Existence

Author : Michael Marder
Publisher : A&C Black
Page : 204 pages
File Size : 53,8 Mb
Release : 2010-07-15
Category : Political Science
ISBN : 9780826465955

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Groundless Existence by Michael Marder Pdf

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Carl Schmitt's Early Legal-Theoretical Writings

Author : Carl Schmitt
Publisher : Cambridge University Press
Page : 273 pages
File Size : 44,5 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781108494489

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Carl Schmitt's Early Legal-Theoretical Writings by Carl Schmitt Pdf

Makes available in English Carl Schmitt's early legal-theoretical writings, the intellectual background of Schmitt's political and constitutional theory.

Carl Schmitt

Author : William E. Scheuerman
Publisher : Rowman & Littlefield
Page : 368 pages
File Size : 55,6 Mb
Release : 1999
Category : Law
ISBN : 0847694186

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Carl Schmitt by William E. Scheuerman Pdf

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!

Legality and Legitimacy

Author : David Dyzenhaus
Publisher : Oxford University Press, USA
Page : 310 pages
File Size : 45,5 Mb
Release : 1997
Category : History
ISBN : UOM:39015040612569

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Legality and Legitimacy by David Dyzenhaus Pdf

This text investigates one of the oldest questions of legal philosophy - the relationship between law and legitimacy. It analyses the legal theories of three public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller.

Law as Politics

Author : David Dyzenhaus
Publisher : Duke University Press
Page : 340 pages
File Size : 40,8 Mb
Release : 1998
Category : Law
ISBN : 0822322447

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Law as Politics by David Dyzenhaus Pdf

Articles previously published in the Canadian journal of law and jurisprudence.

Constitutional Failure

Author : Ellen Kennedy
Publisher : Duke University Press
Page : 273 pages
File Size : 53,7 Mb
Release : 2004-09-29
Category : Law
ISBN : 9780822385578

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Constitutional Failure by Ellen Kennedy Pdf

Constitutional Failure is a major contribution to studies of the German political philosopher Carl Schmitt (1888–1985), the Weimar Republic, and the relationship of constitutionalism, political economy, and democracy. An internationally renowned scholar of Weimar legal theory, Ellen Kennedy brought Schmitt’s neglected work to the attention of English-speaking readers with her highly regarded translations of his work and studies of its place in twentieth-century political theory. In this eagerly awaited book, she tracks Schmitt’s contribution to the canon of Western political philosophy during its most difficult and dangerous moment—the time of Weimar Germany and the Third Reich—demonstrating the centrality of his thought to understandings of the modern constitutional state and its precarious economic and social foundations. Kennedy reveals how Schmitt’s argument for a strong but neutral state supported the maximization of market freedom at the cost of the political constitution. She argues that the major fault lines of Weimar liberalism—emergency powers, the courts as “defenders of the constitution,” mass mobilization of anti-liberal politics, ethnic-identity politics, a culture of resentment and contested legitimacy—are not exceptions within the liberal-democratic orders of the West, but central to them. Contending that Schmitt’s thought remains vital today because liberal norms are inadequate to the political challenges facing constitutional systems as diverse as those of Eastern Europe and the United States, Kennedy develops a compelling, rigorous argument that unsettles many assumptions about liberalism, democracy, and dictatorship.

Carl Schmitt

Author : William Rasch
Publisher : Rowman & Littlefield
Page : 209 pages
File Size : 47,9 Mb
Release : 2019-07-23
Category : Philosophy
ISBN : 9781786611710

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Carl Schmitt by William Rasch Pdf

This important new book places Carl Schmitt’s critique of liberal political theory in a broader historical context than is usually done. His belief in the centrality of the European state since the seventeenth century derives from various sources, including medieval (Scholastic) theology and nineteenth century (post-Hegelian) social and political theory. Schmitt’s famed ‘political theology’ aims at justifying the necessity of a strong secular state as the safeguard of a political community against the encroachment of legally protected interest groups that shield themselves behind pre-political rights. William Rasch neither condemns nor champions Schmitt’s various attacks on liberalism, but does insist that the tension between ‘society’ as the realm of individual rights to pursue private pleasures and the ‘state’ as the placeholder for something traditionally called the common good is a conundrum that is as important now as it was during the Weimar era in Germany. Reappraisal of some of the pillars of liberal dogma are as much in order as are fears of their demise.

Constitutional and Political Theory

Author : Ernst-Wolfgang Böckenförde
Publisher : Oxford University Press
Page : 449 pages
File Size : 46,6 Mb
Release : 2017
Category : Law
ISBN : 9780198714965

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Constitutional and Political Theory by Ernst-Wolfgang Böckenförde Pdf

In this representative edition of Ernst-Wolfgang Bockenforde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court.

Carl Schmitt's Institutional Theory

Author : Mariano Croce,Andrea Salvatore
Publisher : Cambridge University Press
Page : 167 pages
File Size : 53,9 Mb
Release : 2022-07-07
Category : Law
ISBN : 9781009059602

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Carl Schmitt's Institutional Theory by Mariano Croce,Andrea Salvatore Pdf

In 1922, Carl Schmitt penned Political Theology, the celebrated essay in which he elaborated on the notorious theory that the heart of politics lies in the sovereign power to issue emergency measures that suspend the legal order. Ever since, Schmitt's thinking has largely been identified with this concept, despite him renouncing it over time. Offering a comprehensive analysis of Schmitt's writings, Carl Schmitt's Institutional Theory provides an ambitious, novel perspective on Carl Schmitt and his legal and political thinking. By delving into Schmitt's output over his decades-long career, Mariano Croce and Andrea Salvatore explore Schmitt's varied and developing thoughts on exceptionalism, societal pluralism and the law as the progenitor and enforcer of normality. Challenging dominant interpretations, Croce and Salvatore dethrone the false centrality of certain key texts, and instead provide a more unified, coherent account of his institutional theory from across his long and controversial career.