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The Contemporary Relevance Of Carl Schmitt

Author: Matilda Arvidsson
Publisher: Routledge
ISBN: 1317585585
Size: 36.58 MB
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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.

Political Theology

Author: Paul W. Kahn
Publisher: Columbia University Press
ISBN: 0231153414
Size: 75.42 MB
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In this strikingly original work, Paul W. Kahn rethinks the meaning of political theology. In a text innovative in both form and substance, he describes an American political theology as a secular inquiry into ultimate meanings sustaining our faith in the popular sovereign. Kahn works out his view through an engagement with Carl Schmitt's 1922 classic, Political Theology: Four Chapters on the Concept of Sovereignty. He forces an engagement with Schmitt's four chapters, offering a new version of each that is responsive to the American political imaginary. The result is a contemporary political theology. As in Schmitt's work, sovereignty remains central, yet Kahn shows how popular sovereignty creates an ethos of sacrifice in the modern state. Turning to law, Kahn demonstrates how the line between exception and judicial decision is not as sharp as Schmitt led us to believe. He reminds readers that American political life begins with the revolutionary willingness to sacrifice and that both sacrifice and law continue to ground the American political imagination. Kahn offers a political theology that has at its center the practice of freedom realized in political decisions, legal judgments, and finally in philosophical inquiry itself.

Writings On War

Author: Carl Schmitt
Publisher: John Wiley & Sons
ISBN: 0745697186
Size: 41.41 MB
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Writings on War collects three of Carl Schmitt's most important and controversial texts, here appearing in English for the first time: The Turn to the Discriminating Concept of War, The Großraum Order of International Law, and The International Crime of the War of Aggression and the Principle "Nullum crimen, nulla poena sine lege". Written between 1937 and 1945, these works articulate Schmitt's concerns throughout this period of war and crisis, addressing the major failings of the League of Nations, and presenting Schmitt's own conceptual history of these years of disaster for international jurisprudence. For Schmitt, the jurisprudence of Versailles and Nuremberg both fail to provide for a stable international system, insofar as they attempt to impose universal standards of ‘humanity' on a heterogeneous world, and treat efforts to revise the status quo as ‘criminal' acts of war. In place of these flawed systems, Schmitt argues for a new planetary order in which neither collective security organizations nor 19th century empires, but Schmittian ‘Reichs' will be the leading subject of international law. Writings on War will be essential reading for those seeking to understand the work of Carl Schmitt, the history of international law and the international system, and interwar European history. Not only do these writings offer an erudite point of entry into the dynamic and charged world of interwar European jurisprudence; they also speak with prescience to a 21st century world struggling with similar issues of global governance and international law.

Political Theology Ii

Author: Carl Schmitt
Publisher: John Wiley & Sons
ISBN: 0745697100
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Political Theology II is Carl Schmitt's last book. Part polemic, part self-vindication for his involvement in the National Socialist German Workers' Party (NSDAP), this is Schmitt's most theological reflection on Christianity and its concept of sovereignty following the Second Vatican Council. At a time of increasing visibility of religion in public debates and a realization that Schmitt is the major and most controversial political theorist of the twentieth century, this last book sets a new agenda for political theology today. The crisis at the beginning of the twenty-first century led to an increased interest in the study of crises in an age of extremes - an age upon which Carl Schmitt left his indelible watermark. In Political Theology II, first published in 1970, a long journey comes to an end which began in 1923 with Political Theology. This translation makes available for the first time to the English-speaking world Schmitt's understanding of Political Theology and what it implies theologically and politically.

Political Theology

Author: Carl Schmitt
Publisher: University of Chicago Press
ISBN: 0226738906
Size: 77.99 MB
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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.

Dictatorship

Author: Carl Schmitt
Publisher: John Wiley & Sons
ISBN: 0745697143
Size: 76.39 MB
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Now available in English for the first time, Dictatorship is Carl Schmitt’s most scholarly book and arguably a paradigm for his entire work. Written shortly after the Russian Revolution and the First World War, Schmitt analyses the problem of the state of emergency and the power of the Reichspräsident in declaring it. Dictatorship, Schmitt argues, is a necessary legal institution in constitutional law and has been wrongly portrayed as just the arbitrary rule of a so-called dictator. Dictatorship is an essential book for understanding the work of Carl Schmitt and a major contribution to the modern theory of a democratic, constitutional state. And despite being written in the early part of the twentieth century, it speaks with remarkable prescience to our contemporary political concerns.

Creativity And Limitation In Political Communities

Author: Ignas Kalpokas
Publisher: Routledge
ISBN: 1351718843
Size: 31.14 MB
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There is an inherent tension between popular and establishment powers in political communities. With anti-establishment sentiment on the rise across Western democracies, exploring the underpinnings of this dualism and rethinking theories of political life within states is of paramount importance. By combining the theories of Carl Schmitt and Benedict Spinoza, this book develops a framework of continuous reproduction, whereby the two powers simultaneously hold one another in tension and supersede one another. In the same vein, political communities are shown to be perpetually caught in a cycle of creativity/contestation, derived primarily from Schmitt (the tragic groundlessness of politics) and limitation (derived primarily from Spinoza as a quasi-theological belief in the status quo). Providing a novel theoretical framework explaining the workings of democratic politics, this book also offers a non-traditional reading of Spinoza and Schmitt. Whereas traditionally both have been treated as almost polar opposites, here they are held in creative tension, providing equally important building blocks for the proposed theory. By furthering their analysis, the author creates a new theory of political action.

Legality And Legitimacy

Author: Carl Schmitt
Publisher: Duke University Press
ISBN: 0822385767
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Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.

Towards A Jurisprudence Of State Communism

Author: Cosmin Cercel
Publisher: Routledge
ISBN: 1134843240
Size: 31.15 MB
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More than twenty-five years after the collapse of the Socialist bloc, the nature of the regimes in Eastern Europe between 1945 and 1989 continues to evade the attempts of political theorists and scholars of post-communism to define and classify them. Drawing on philosophical inquiry, jurisprudential analysis and intellectual history, this book traces the impact of communist ideology and practice on legal thought: from its critical roots in the midst of the nineteenth century to its reactionary stand in the later years of the twentieth. Exploring how the communist experience – both in its revolutionary and authoritarian guises – has been articulated within the legal theoretical field, the book addresses two central theoretical lacunae fostered by the historiography of authoritarianism in Central and Eastern Europe: the status of law, and its relationship to the broader ideological framework legitimising authoritarian regimes. Moving beyond the limits of the contemporary discourse on communism – particularly as it is channelled through transitional justice and memory studies – Cosmin Cercel develops a theoretical framework that is able to uncover law’s complicity with the extreme ideologies that dominated Central and Eastern Europe. For it is, he argues, in its recourse to legal concepts that the communist experience raises important jurisprudential questions for our contemporary understanding of law, the limits of state sovereignty, and law’s relationship to historical violence.

The Oxford Handbook Of Carl Schmitt

Author: Senior Lecturer in International Relations Jens Meierhenrich
Publisher: Oxford University Press
ISBN: 0199916934
Size: 22.55 MB
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The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid antisemitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.