The Legal Theory of Carl Schmitt

Author: Mariano Croce,Andrea Salvatore

Publisher: Routledge

ISBN: 1136220666

Category: Law

Page: 213

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The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.

The Legal Theory of Carl Schmitt

Author: Mariano Croce,Andrea Salvatore

Publisher: Routledge

ISBN: 1136220674

Category: Law

Page: 204

View: 2063

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The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.

Emergency Powers in Theory and Practice

The Long Shadow of Carl Schmitt

Author: Michael Head

Publisher: Taylor & Francis

ISBN: 1134795297

Category: Law

Page: 256

View: 6752

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Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.

Carl Schmitt

Law as Politics, Ideology and Strategic Myth

Author: Michael Salter

Publisher: Routledge

ISBN: 0415478502

Category: Law

Page: 299

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There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politicseeand social theory but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitte(tm)s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt's thought for controversieseeeewithin contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms ofeelegal positivism; the relativeeee~indeterminacye(tm) of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale;eethe centrality of discretion and judicial law-making eewithin the legal process;eethe important role played by ideological prejudices and assumptions in legal reasoning; the reinterpretation of law as a form of strategically disguised politics; the legal theoretical critique of universalistic approaches to "human" rights and associated liberal-cosmopolitan ee'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberaleeconstitutionalism and liberalismeemore generallyeeas an approach to law. In Carl Schmitt: Law as Politics, Ideology and Strategic Myth, the author provides an overview and assessment of Schmitt's thought, as well as a consideration of its relevance for contemporary legal thoughteeand debates.

Legality and Legitimacy

Author: Carl Schmitt

Publisher: Duke University Press

ISBN: 0822385767

Category: Law

Page: 211

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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.

The Oxford Handbook of Carl Schmitt

Author: Jens Meierhenrich,Oliver Simons

Publisher: Oxford University Press

ISBN: 0199916934

Category: Philosophy

Page: 828

View: 1823

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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. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.

Carl Schmitt

The End of Law

Author: William E. Scheuerman

Publisher: Rowman & Littlefield

ISBN: 9780847694181

Category: Philosophy

Page: 345

View: 7479

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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!

Dictatorship

Author: Carl Schmitt

Publisher: John Wiley & Sons

ISBN: 0745697143

Category: Political Science

Page: 288

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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.

Writings on War

Author: Carl Schmitt

Publisher: John Wiley & Sons

ISBN: 0745697186

Category: Political Science

Page: 304

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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.

Carl Schmitt and the Jews

The "Jewish Question," the Holocaust, and German Legal Theory

Author: Raphael Gross

Publisher: N.A

ISBN: 9780299222406

Category: History

Page: 347

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German jurist and legal theorist Carl Schmitt (1888-1985) significantly influenced Western political and legal thinking in the last century, yet his life and work have also stirred considerable controversy. While his ideas have been used and diffused by prominent philosophers on both the left and the right, such as Jürgen Habermas and Leo Strauss, his Nazi-era past, especially his active efforts to remove Jewish influence from German law, has cast a cloud over his life and oeuvre. Still, his many supporters have generally been successful in claiming that Schmitt's was an "antisemitism of opportunity," a temporary affectation to gain favor with the Nazis. In Carl Schmitt and the Jews, available in English for the first time, historian Raphael Gross vigorously repudiates this "opportunism thesis." Through a reading of Schmitt's corpus, some of which became available only after his death, Gross highlights the importance of the "Jewish Question" on the breadth of Schmitt's work. According to Gross, Schmitt's antisemitism was at the core of his work--before, during, and after the Nazi era. His influential polarities of "friend and foe," "law and nomos," "behemoth and Leviathan," and "ketechon and Antichrist" emerge from a conceptual template in which "the Jew" is defined as adversary, undermining the Christian order with secularization. The presence of this template at the heart of Schmitt's work, Gross contends, calls for a major reassessment of Schmitt's role within contemporary cultural and legal theory.

The Political Discourse of Carl Schmitt

A Mystic of Order

Author: Montserrat Herrero

Publisher: N.A

ISBN: 9781783484553

Category:

Page: 290

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This book presents the idea of Nomos of the Earth as the key idea that organizes the whole of Schmitt s discourse about politics."

The Nomos of the Earth in the International Law of the Jus Publicum Europaeum

Author: Carl Schmitt

Publisher: Telos Press Publishing

ISBN: 9780914386308

Category: Law

Page: 372

View: 6632

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Describes the origin of the Eurocentric global order, which Schmitt dates from the discovery of the New World, discusses its specific character and its contribution to civilization, analyzes the reasons for its decline at the end of the 19th century, and concludes with prospects for a new world order. It is a reasoned, yet passionate argument in defense of the European achievement, not only in creating the first truly global order of international law, but also in limiting war to conflicts among sovereign states, which in effect civilized war.

The Enemy

An Intellectual Portrait of Carl Schmitt

Author: Gopal Balakrishnan,Carl Schmitt

Publisher: Verso

ISBN: 9781859843598

Category: Biography & Autobiography

Page: 312

View: 9161

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The Enemy is an inter-textual reconstruction and analysis of Schmitt's major works, presenting an arresting portrait of a writer still considered terra incognita throughout the English speaking world.

The Leviathan in the State Theory of Thomas Hobbes

Meaning and Failure of a Political Symbol

Author: Carl Schmitt,George Schwab,Tracy B. Strong

Publisher: University of Chicago Press

ISBN: 0226738949

Category: Philosophy

Page: 121

View: 1629

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Writing in 1938, under the guise of studying the significance of the symbol of the leviathan in Thomas Hobbes's theory of the state, Carl Schmitt, the Hobbes of the 20th century, provides insights into totalitarian forms of government, attacks totalitarianism, and alludes to the demise of the Third Reich.


Political Theology

Four New Chapters on the Concept of Sovereignty

Author: Paul W. Kahn

Publisher: Columbia University Press

ISBN: 0231153414

Category: Philosophy

Page: 207

View: 8581

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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.

The Guardian of the Constitution

Author: Hans Kelsen,Carl Schmitt

Publisher: Cambridge University Press

ISBN: 110709268X

Category: Law

Page: 290

View: 8708

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The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.

The Legal Order

Author: Santi Romano

Publisher: Routledge

ISBN: 1351674382

Category: Law

Page: 145

View: 7824

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First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.

Legality and Legitimacy

Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar

Author: David Dyzenhaus

Publisher: Oxford University Press

ISBN: 0198298463

Category: Law

Page: 283

View: 6142

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This book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen is well-known as one of the main exponents of the philosophy of legal positivism. Heller is virtually unknown outside Germany. Dyzenhaus exposes the dangers of Schmitt's legal philosophy by situating it in the legal context of constitutional crisis to which he responded. He also points out the severs inadequacies of Kelsen's legal positivism. In a wide-ranging account of the predicaments of contemporary legal and political philosophy, Heller's position is argued to be the most promising of the three.

Carl Schmitt's Critique of Liberalism

Against Politics as Technology

Author: John P. McCormick

Publisher: Cambridge University Press

ISBN: 9780521664578

Category: Philosophy

Page: 352

View: 4500

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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.