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Carl Schmitt
Full name Carl Schmitt
Born 11 July 1888(1888-07-11)
Plettenberg, Westphalia, Germany
Died 7 April 1985 (aged 96)
Plettenberg, Westphalia, Germany
Era 20th century philosophy
Region Western Philosophy
School Continental Philosophy, Conservatism
Main interests Politics, Political Theology, religion
Notable ideas State of exception, friend-enemy distinction

Carl Schmitt (July 11, 1888 – April 7, 1985) was a German jurist, Catholic philosopher, political theorist, and professor of law.

Schmitt published several essays, influential in the 20th century and beyond, on the mentalities that surround the effective wielding of political power. His ideas have attracted the attention of numerous philosophers and political theorists, including Walter Benjamin, Leo Strauss, Jacques Derrida, Etienne Balibar, Hannah Arendt, Giorgio Agamben, Antonio Negri, Gianfranco Miglio, Paolo Virno, Slavoj Žižek, Alain Badiou, Jacob Taubes, Chantal Mouffe and Paul Gottfried. Much of his work remains both influential and controversial today. He is described as a "classic of political thought" by Herfried Münkler[1].

Contents

Biography

Early years

Schmitt was born the son of a Roman Catholic minor businessman in Plettenberg, Westphalia on July 11, 1888; he studied law in Berlin, Munich and Strasbourg and took his graduation and state exams in the then-German Strasbourg in 1915. He volunteered for the army in 1916. The same year, he earned his habilitation in Strasbourg. He taught at various business schools and universities - in Munich, Greifswald, Bonn, Berlin, and Cologne.

In 1916 he married his first wife, Pawla Dorotić, a Serbian woman who pretended to be a countess. They were divorced in 1924 although an appeal to the church to recognize the divorce was rejected. In 1925 he married his second wife, Duška Todorović (1903-1950), also Serbian; they had one daughter, called Anima. Subsequently Schmitt was excommunicated because he married again, although his first marriage had not been annulled by the church. His daughter Anima Schmitt de Otero (1931-1983) was married, from 1957, to Alfonso Otero Valera (born 1925), a Spanish law professor at the University of Santiago de Compostela and a member of the ruling Spanish Falange party. She translated several works by her father into Spanish. Letters from Carl Schmitt to his son-in-law have also been published.

Nazi period

Schmitt, who became a professor at the University of Berlin in 1933 (a position he held until the end of World War II) joined the NSDAP on May 1, 1933; he quickly was appointed "Preußischer Staatsrat" (Prussian State Counselor) by Hermann Göring and became the president of the "Vereinigung nationalsozialistischer Juristen" ("Union of National-Socialist Jurists") in November. He thought of his theories as an ideological foundation of the Nazi dictatorship, and a justification of the "Führer" state with regard to legal philosophy, in particular through the concept of auctoritas.

Schmitt remarked in January 1933, "one can say that 'Hegel died.'" Richard Wolin observes, "...it is Hegel qua philosopher of the "bureaucratic class" or Beamtenstaat that has been definitely surpassed with Hitler's triumph.... this class of civil servants—which Hegel in the Rechtsphilosophie deems the "universal class"—represents an impermissible drag on the sovereignty of executive authority. For Schmitt ... the very essence of the bureaucratic conduct of business is reverence for the norm, a standpoint that could not exist in great tension with the doctrines of Carl Schmitt... Hegel had set an ignominious precedent by according this putative universal class a position of preeminence in his political thought, insofar as the primacy of the bureaucracy tends to diminish or supplant the prerogative of sovereign authority."[2]

Half a year later, in June 1934, Schmitt became editor in chief for the self-published[3] newspaper "Deutsche Juristen-Zeitung" ("German Jurists' Newspaper")[4]; in July 1934, he justified the political murders of the Night of the Long Knives as the "highest form of administrative law" ("höchste Form administrativer Justiz") and the authority of Hitler with "The leader defends the law" ("Der Führer schützt das Recht")[5]. Schmitt presented himself as a radical anti-semite and also was the chairman of a law teachers' convention in Berlin in October 1936, where he demanded that German law be cleansed of the "Jewish spirit" ("jüdischem Geist"), going so far as to demand that all publications by Jewish scientists should henceforth be marked with a small symbol.

Nevertheless, in December 1936, the SS publication Das schwarze Korps accused Schmitt of being an opportunist, a Hegelian state thinker and basically a Catholic, and called his anti-semitism a mere pretense, citing earlier statements in which he criticized the Nazis' racial theories. After this, Schmitt resigned from his position as "Reichsfachgruppenleiter" (Reich Professional Group Leader), although he retained his post as a professor in Berlin, and his post as "Preußischer Staatsrat". Although Schmitt continued to be investigated into 1937, further reprisals were stopped by Göring.[6][7]

Post-World War II

In 1945, Schmitt was captured by the American forces; after spending more than a year in an internment camp, he returned to his home town of Plettenberg following his release in 1946, and later to the house of his housekeeper Anni Stand in Plettenberg-Pasel. Schmitt refused every attempt at de-nazification which effectively barred him from positions in academia. Despite being isolated from the mainstream of the scholarly and political community, he continued his studies especially of international law from the 1950s on, and he received a never-ending stream of visitors, both colleagues and younger intellectuals, until well into his old age. Among these visitors, important are Ernst Jünger, Jacob Taubes, and Alexandre Kojève.

In 1962, Schmitt gave lectures in Francoist Spain, two of them giving rise to the publication, the following year, of Theory of the Partisan (Telos Press, 2007), in which he qualified the Spanish civil war as a "war of national liberation" against "international Communism." Schmitt regarded the partisan as a specific and significant phenomenon that, in the latter half of the twentieth century, indicated the emergence of a new theory of warfare.

Schmitt died on April 7, 1985 and is buried in Plettenberg.

Work

On Dictatorship

In 1921, Schmitt became a professor at the University of Greifswald, where he published his essay "Die Diktatur" ("On Dictatorship"), in which he discussed the foundations of the newly-established Weimar Republic, emphasising the office of the Reichspräsident. In this essay, Schmitt compared and contrasted what he saw as the effective and ineffective elements of the new constitution of his country. To him, the office of the president could be characterized as a comparatively effective element within the new constitution, because of the power granted to the president to declare a state of emergency. This power, which Schmitt discussed and implicitly praised as dictatorial[5], was seen as more in line with the underlying mentality of political power than the comparatively slow and ineffective processes of legislative political power reached through parliamentary discussion and compromise.

Schmitt was at pains to remove what he saw as a taboo surrounding the concept of "dictatorship" and to show that, in his eyes, the concept is implicit whenever power is wielded through pathways outside the slow processes of parliamentary politics and the bureaucracy:

“If the constitution of a state is democratic, then every exceptional negation of democratic principles, every exercise of state power independent of the approval of the majority, can be called dictatorship.”[citation needed]

For Schmitt, every government capable of decisive action must include a dictatorial element within its constitution. Although the German concept of Ausnahmezustand is best translated as "state of emergency", it literally means state of exception which, according to Schmitt, frees the executive from any legal restraints to its power that would normally apply. The use of the term "exceptional" has to be underlined here: Schmitt defines sovereignty as the power to decide the instauration of state of exception, as Giorgio Agamben has noted. According to Agamben [8], Schmitt's conceptualization of the "state of exception" as belonging to the core-concept of sovereignty was a response to Walter Benjamin's concept of a "pure" or "revolutionary" violence, which didn't enter into any relationship whatsoever with right. Through the state of exception, Schmitt included all types of violence under right, in the case of the authority of Hitler leading to the formulation "The leader defends the law (literal translation)" ("Der Führer schützt das Recht")[5].

According to Giorgio Agamben, this kind of violence, which necessarily bears a juridical value, is another example of the fusion of right to "bare life" (It. vita nuda, Grk. zoe) that transforms the juridical system into a "death machine," able to perform acts of pure violence as needed for self-legitimation, creating Homo sacer, a being that cannot be "murdered" or "sacrificed" but only killed.

Schmitt opposed what he called "commissarial dictatorship", or the declaration of a state of emergency in order to save the legal order (a temporary suspension of law, defined itself by moral or legal right): the state of emergency is limited (even if a posteriori, by law), to "sovereign dictatorship", in which law was suspended, as in the classical state of exception, not to "save the Constitution", but rather to create another Constitution. This is how he theorized Hitler's continual suspension of the legal constitutional order during the Third Reich (the Weimar Republic's Constitution was never abrogated, underlined Giorgio Agamben;[9][citation needed] rather, it was "suspended" for four years, first at February 28, 1933 Reichstag Fire Decree, with the suspension renewed every four years, implying a—continual—state of emergency).

The direction all this leads, and the reason why Schmitt has been taken so seriously by political theory, is to the theorization of the crisis and state of emergency as not exceptional moments in political life opposed to some stable normality, but themselves the predominant form of the life of modern nations.

Political Theology

This was followed by another essay in 1922, titled "Politische Theologie" ("Political Theology"); in it, Schmitt, who at the time was working as a professor at the University of Bonn, gave further substance to his authoritarian theories, effectively denying free will based on a Catholic world view. The book begins with Schmitt's famous, or notorious, definition: "Sovereign is he who decides on the exception." By "exception," Schmitt means the appropriate moment for stepping outside the rule of law in the public interest. (See discussion of "On Dictatorship," above.) Schmitt opposes this definition to those offered by contemporary theorists of sovereignty, particularly Hans Kelsen, whose work is criticized at several points in the essay.

The book's title derives from Schmitt's assertion (in chapter 3) that "all significant concepts of the modern theory of the state are secularized theological concepts" —in other words, that political theory addresses the state (and sovereignty) in much the same manner as theology does God.

A year later, Schmitt supported the emergence of totalitarian power structures in his paper "Die geistesgeschichtliche Lage des heutigen Parlamentarismus" (roughly: "The Intellectual-Historical Situation of Today's Parliamentarianism", translated as The Crisis of Parliamentary Democracy by Ellen Kennedy). Schmitt criticized the institutional practices of liberal politics, arguing that they are justified by a faith in rational discussion and openness that is at odds with actual parliamentary party politics, in which outcomes are hammered out in smoke-filled rooms by party leaders. Schmitt also posits an essential division between the liberal doctrine of separation of powers and what he holds to be the nature of democracy itself, the identity of the rulers and the ruled. Although many critics of Schmitt today, such as Stephen Holmes in his Anatomy of Anti-Liberalism, take exception to his fundamentally authoritarian outlook, the idea of incompatibility between liberalism and democracy is one reason for the continued interest in his political philosophy[citation needed].

The Concept of the Political

Schmitt changed universities in 1926, when he became professor for law at the Handelshochschule in Berlin, and again in 1932, when he accepted a position in Cologne. It was in Cologne, too, that he wrote his most famous paper, "Der Begriff des Politischen" ("The Concept of the Political"), in which he developed his theory of "the political". Distinct from party politics, "the political" is the essence of politics. While churches are predominant in religion or society is predominant in economics, the state is predominant in politics. Yet for Schmitt the political was not an autonomous domain equivalent to the other domains, but rather the existential basis that would determine any other domain should it reach the point of politics (e.g. religion ceased to be merely theological when Protestants and Catholics killed one another, becoming instead political). The political is not equal to any other domain, such as the economic, but instead is the most essential to identity.

Schmitt, in perhaps his best-known formulation, bases his conceptual realm of state sovereignty and autonomy upon the distinction between friend and enemy. This distinction is to be determined "existentially," which is to say that the enemy is whoever is "in a specially intense way, existentially something different and alien, so that in the extreme case conflicts with him are possible." (Schmitt, 1996, p. 27) Such an enemy need not even be based on nationality: so long as the conflict is potentially intense enough to become a violent one between political entities, the actual substance of enmity may be anything.

Although there have been divergent interpretations concerning this work, there is broad agreement that "The Concept of the Political" is an attempt to achieve state unity by defining the content of politics as opposition to the "other" (that is to say, an enemy, a stranger. This applies to any person or entity that represents a serious threat or conflict to one's own interests.) In addition, the prominence of the state stands as a neutral force over potentially fractious civil society, whose various antagonisms must not be allowed to reach the level of the political, lest civil war result.

The case "Preussen contra Reich"

Apart from his academic functions, in 1932 Schmitt was counsel for the Reich government in the case "Preussen contra Reich" wherein the SPD-led government of the state of Prussia disputed its dismissal by the right-wing von Papen government. Papen was motivated to make this move because Prussia, by far the largest state in Germany, served as a powerful base upon which the political left could draw, and also provided them with institutional power, particularly in the form of the Prussian Police. One of the counsel for the Prussian government was Hermann Heller. In German history, this struggle leading to the de facto destruction of federalism in the Weimar republic is known as the "Preußenschlag."

Theory of the Partisan

Schmitt's Theory of the Partisan originated in two lectures delivered in 1962, which addressed the transformation of war in the post-European age. Theory of the Partisan analyzes a specific and significant phenomenon that ushered in a new theory of war and enmity. It contains an implicit theory of the terrorist, which in the 21st century has ushered in yet another new theory of war and enmity. In the lectures, Schmitt directly tackles the issues surrounding the "the problem of the Partisan" figure: the guerrilla or revolutionary who "fights irregularly" (pg. 3)[10]. Both because of its scope, with extended discussions on historical figures like Napoleon, Lenin, and Mao Zedong, as well as the events marking the beginning of the 21st century, Schmitt's text has had a resurgence of popularity. Jacques Derrida, in his Politics of Friendship remarked:

Despite certain signs of ironic distrust in the areas of metaphysics and ontology, The Concept of the Political was, as we have seen, a philosophical type of essay to 'frame' the topic of a concept unable to constitute itself on philosophical ground. But in Theory of the Partisan, it is in the same areas that the topic of this concept is both radicalized and properly uprooted, where Schmitt wished to regrasp in history the event or node of events that engaged this uprooting radicalization, and it is precisely there that the philosophical as such intervenes again.

Schmitt concludes Theory of the Partisan with the statement: "The theory of the partisan flows into the question of the concept of the political, into the question of the real enemy and of a new nomos of the earth."

Nomos of the Earth

The Nomos of the Earth is Schmitt's most historical and geopolitical work. Published in 1950, it was also one of his final texts. It 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, analyses the reasons for its decline at the end of the 19th century, and concludes with prospects for a new world order. It defends European achievements, 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. In Schmitt's view, the European sovereign state was the greatest achievement of Occidental rationalism; in becoming the principal agency of secularization, the European state created the modern age.

Notable in Schmitt's discussion of the European epoch of world history is the role played by the New World, which ultimately replaced the old world as the center of the Earth and became the arbiter in European and world politics. According to Schmitt, the United States' internal conflicts between economic presence and political absence, between isolationism and interventionism, are global problems, which today continue to hamper the creation of a new world order. But however critical Schmitt is of American actions at the turn of the 20th century and after World War I, he considered the United States to be the only political entity capable of resolving the crisis of global order.

Influence

Through Giorgio Agamben, Chantal Mouffe and other writers, Carl Schmitt has become a common reference in recent writings of the intellectual left as well as the right. This debate concerns not only the interpretation of Schmitt’s own positions, but also matters relevant to contemporary politics: the idea that laws of the state cannot strictly limit actions of its sovereign; the problem of a "state of exception", etc.

Schmitt’s influence has also recently been seen as consequential for those interested in contemporary political theology, which is much influenced by Schmitt's argument that political concepts are secularized theological concepts. The German-Jewish philosopher Jacob Taubes, for example, engaged Schmitt widely in his study of Saint Paul, The Political Theology of Paul (Stanford Univ. Press, 2004). Taubes' understanding of political theology is, however, very different from Schmitt's, and emphasizes the political aspect of theological claims, rather than the religious derivation of political claims.

Neoconservatism

Neoconservatism, based on Leo Strauss's teachings,[11] has been accused by critics of being influenced by Schmitt.[12] Most notably the legal opinions offered by Alberto Gonzalez, John Yoo et al. by invoking the unitary executive theory to justify highly controversial policies -such as introducing unlawful combatant status which purportedly would eliminate protection by the Geneva Conventions,[13] enhanced interrogation techniques, NSA electronic surveillance program- in the war on terror mimic his writings.[12]

Bibliography

English translations of Carl Schmitt

Note: a complete bibliography of all English translations of Schmitt's books, articles, essays, and correspondence is available here.

  • The Concept of the Political. George D. Schwab, trans. (University of Chicago Press, 1996; Expanded edition 2006, with an Introduction by Tracy B. Strong). Original publication: 1927, 2nd edn. 1932.
  • Constitutional Theory. Jeffrey Seitzer, trans. (Duke University Press, 2007). Original publication: 1928.
  • The Crisis of Parliamentary Democracy. Ellen Kennedy, trans. (MIT Press, 1988). Original publication: 1923, 2nd edn. 1926.
  • Four Articles, 1931 – 1938. Simona Draghici, trans. (Plutarch Press, 1999). Originally published as part of Positionen und Begriffe im Kampf mit Weimar — Genf — Versailles, 1923 – 1939 (1940).
  • Hamlet Or Hecuba: The Intrusion of the Time Into the Play. David Pan and Jennifer R. Rust, trans. (Telos Press, 2009). Originally published 1956.
  • The Idea of Representation: A Discussion. E. M. Codd, trans. (Plutarch Press, 1988), reprint of The Necessity of Politics (1931). Original publication: 1923.
  • Land and Sea. Simona Draghici, trans. (Plutarch Press, 1997). Original publication: 1954.
  • Legality and Legitimacy. Jeffrey Seitzer, trans. (Duke University Press, 2004). Original publication: 1932.
  • The Leviathan in the State Theory of Thomas Hobbes: Meaning and Failure of a Political Symbol. George D. Schwab & Erna Hilfstein, trans. (Greenwood Press, 1996). Original publication: 1938.
  • The Nomos of the Earth in the International Law of the Jus Publicum Europaeum. G.L. Ulmen, trans. (Telos Press, 2003). Original publication: 1950.
  • On the Three Types of Juristic Thought. Joseph Bendersky, trans. (Praegar, 2004). Original publication: 1934.
  • Political Romanticism. Guy Oakes, trans. (MIT Press, 1986). Original publication: 1919, 2nd edn. 1925.
  • Political Theology: Four Chapters on the Concept of Sovereignty. George D. Schwab, trans. (MIT Press, 1985)(University of Chicago Press; University of Chicago edition, 2004 with an Introduction by Tracy B. Strong. Original publication: 1922, 2nd edn. 1934.
  • Roman Catholicism and Political Form. G. L. Ulmen, trans. (Greenwood Press, 1996). Original publication: 1923.
  • State, Movement, People (includes The Question of Legality). Simona Draghici, trans. (Plutarch Press, 2001). Original publication: Staat, Bewegung, Volk (1933); Das Problem der Legalität (1950).
  • Theory of the Partisan. G. L. Ulmen, trans. (Telos Press, 2007). Original publication: 1963; 2nd ed. 1975.
  • The Tyranny of Values. Simona Draghici, trans. (Plutarch Press, 1996). Original publication: 1979.
  • War/Non-War: A Dilemma. Simona Draghici, trans. (Plutarch Press, 2004). Original publication: 1937.

Works in German

  • Über Schuld und Schuldarten. Eine terminologische Untersuchung, 1910.
  • Gesetz und Urteil. Eine Untersuchung zum Problem der Rechtspraxis, 1912.
  • Schattenrisse (veröffentlicht unter dem Pseudonym ‚Johannes Negelinus, mox Doctor‘, in Zusammenarbeit mit Dr. Fritz Eisler), 1913.
  • Der Wert des Staates und die Bedeutung des Einzelnen, 1914.
  • Theodor Däublers ‚Nordlicht‘: Drei Studien über die Elemente, den Geist und die Aktualität des Werkes, 1916.
  • Die Buribunken, in: Summa 1/1917/18, 89 ff.
  • Politische Romantik, 1919.
  • Die Diktatur. Von den Anfängen des modernen Souveränitätsgedankens bis zum proletarischen Klassenkampf, 1921.
  • Politische Theologie. Vier Kapitel zur Lehre von der Souveränität, 1922.
  • Die geistesgeschichtliche Lage des heutigen Parliamentarismus, 1923.
  • Römischer Katholizismus und politische Form, 1923.
  • Die Rheinlande als Objekt internationaler Politik, 1925.
  • Die Kernfrage des Völkerbundes, 1926.
  • Der Begriff des Politischen, in: Archiv für Sozialwissenschaften und Sozialpolitik 58/1927, 1 ff.
  • Volksentscheid und Volksbegehren. Ein Beitrag zur Auslegung der Weimarer Verfassung und zur Lehre von der unmittelbaren Demokratie, 1927.
  • Verfassungslehre, 1928.
  • Hugo Preuß. Sein Staatsbegriff und seine Stellung in der dt. Rechtslehre, 1930.
  • Der Völkerbund und das politische Problem der Friedenssicherung, 1930, 2. erw. Aufl. 1934.
  • Der Hüter der Verfassung, 1931.
  • Der Begriff des Politischen, 1932 (Erweiterung des Aufsatzes von 1927).
  • Legalität und Legitimität, 1932.
  • Staat, Bewegung, Volk. Die Dreigliederung der politischen Einheit, 1933.
  • Das Reichsstatthaltergesetz, 1933.
  • Staatsgefüge und Zusammenbruch des Zweiten Reiches. Der Sieg des Bürgers über den Soldaten, 1934.
  • Über die drei Arten des rechtswissenschaftlichen Denkens, 1934.
  • Der Leviathan in der Staatslehre des Thomas Hobbes, 1938.
  • Die Wendung zum diskriminierenden Kriegsbegriff, 1938.
  • Völkerrechtliche Großraumordnung und Interventionsverbot für raumfremde Mächte. Ein Beitrag zum Reichsbegriff im Völkerrecht, 1939.
  • Positionen und Begriffe im Kampf mit Weimar – Genf – Versailles 1923 – 1939, 1940 (Aufsatzsammlung).
  • Land und Meer. Eine weltgeschichtliche Betrachtung, 1942.
  • Der Nomos der Erde im Völkerrecht des Jus Publicum Europaeum, 1950.
  • Donoso Cortes in gesamteuropäischer Interpretation, 1950.
  • Ex captivitate salus. Erinnerungen der Zeit 1945/47, 1950.
  • Die Lage der europäischen Rechtswissenschaft, 1950.
  • Das Gespräch über die Macht und den Zugang zum Machthaber, 1954.
  • Hamlet oder Hekuba. Der Einbruch der Zeit in das Spiel, 1956.
  • Verfassungsrechtliche Aufsätze aus den Jahren 1924 – 1954, 1958 (Aufsatzsammlung).
  • Theorie des Partisanen. Zwischenbemerkung zum Begriff des Politischen, 1963.
  • Politische Theologie II. Die Legende von der Erledigung jeder Politischen Theologie, 1970.
  • Glossarium. Aufzeichnungen der Jahre 1947-1951, hrsg.v. Eberhard Freiherr von Medem, 1991 (posthum).
  • Das internationale Verbrechen des Angriffskrieges, hrsg.v. Helmut Quaritsch, 1993 (posthum).
  • Staat – Großraum – Nomos, hrsg. von Günter Maschke, 1995 (posthum).
  • Frieden oder Pazifismus?, hrsg. von Günter Maschke, 2005 (posthum).
  • Carl Schmitt: Tagebücher, hrsg. von Ernst Hüsmert, 2003 ff. (posthum).

Secondary literature

  • Paul Gottfried, Carl Schmitt: Politics and Theory (New York: Greenwood Press, 1990) ISBN 0-313-27209-3
  • Giorgio Agamben, Homo Sacer: Sovereign Power and Bare Life (1998).
  • Giorgio Agamben, State of Exception (2005).
  • Gopal Balakrishnan, The Enemy: An Intellectual Portrait of Carl Schmitt (2000). Reviewed here.
  • Eckard Bolsinger, The Autonomy of the Political: Carl Schmitt's and Lenin's Political Realism (2001)
  • Renato Cristi, Carl Schmitt and Authoritarian Liberalism (1998)
  • Jacques Derrida, "Force of Law: The 'Mystical Foundation of Authority'," in Acts of Religion (2002).
  • Jacques Derrida, Politics of Friendship (1997).
  • Michael Hardt & Antonio Negri, Empire (2000).
  • William Hooker, Carl Schmitt's International Thought: Order and Orientation (Cambridge: Cambridge University Press, 2009) ISBN 9780521115421
  • Chantal Mouffe (ed.), The Challenge of Carl Schmitt (1999).
  • Ingo Müller (Deborah Lucas Schneider trans.) (1991). Hitler's Justice: The Courts of the Third Reich (Cambridge, Mass.: Harvard University Press) ISBN 067440419X
  • Ojakangas Mika, A Philosophy of Concrete Life: Carl Schmitt and the political thought of late modernity (2nd ed Peter Lang, 2006), ISBN 3039109634
  • Nicolaus Sombart, Die deutschen Männer und ihre Feinde: Carl Schmitt, ein deutsches Schicksal zwischen Männerbund und Matriarchatsmythos, Munich: Hanser, 1991. ISBN 3-446-15881-2 (2nd ed Fischer TB, Frankfurt, 1997, ISBN 3596113415).
  • Telos 72, Carl Scmitt: Enemy or Foe?. New York: Telos Press Ltd., Summer 1987. (Telos Press).
  • Telos 109, Carl Schmitt Now. New York: Telos Press Ltd., Fall 1996. (Telos Press).
  • Telos 125, New York: Telos Press Ltd., Fall 2002. (Telos Press).
  • Telos 132, Special Edition on Carl Schmitt. New York: Telos Press Ltd., Fall 2005. (Telos Press).
  • Telos 142, Culture and Politics in Carl Schmitt New York: Telos Press Ltd., Spring 2008. (Telos Press).
  • Telos 147, Carl Schmitt and the Event. New York: Telos Press Ltd., Summer 2009. (Telos Press).
  • Ignaz Zangerle, "Zur Situation der Kirche," Der Brenner 14 (1933/34): 52 ff.

See also

References

  1. ^ Herfried Münkler, Erkenntnis wächst an den Rändern – Der Denker Carl Schmitt beschäftigt auch 20 Jahre nach seinem Tod Rechte wie Linke, in Die Welt, 7 April 2005
  2. ^ The Seduction of Unreason: The Intellectual Romance with Fascism from Nietzsche to Postmodernism (2004).
  3. ^ Benjamin Lahusen, Um Jeden Preis, Lettre International, 85
  4. ^ http://www.flechsig.biz/DJZ34_CS.pdf german original as pdf
  5. ^ a b c Deutsche Juristen-Zeitung, 38, 1934
  6. ^ Bendersky, Joseph, W., Theorist For The Reich, 1983, Princeton, New Jersey
  7. ^ Noack, Paul, Carl Schmitt - Eine Biographie, 1996, Frankfurt
  8. ^ State of Exception (2005), pp. 52-55.
  9. ^ Agamben, Homo Sacer: Sovereign Power and Bare Life, p. 168. On the February 28, 1933 decree of the Ausnahmezustand (state of exception), Agamben notes that this very term was conspicuously absent. "The decree remained de facto in force until the end of the Third Reich... The state of exception thus ceases to be referred to as an external and provisional state of factual danger and comes to be confused with juridical rule itself."
  10. ^ http://www.telospress.com/main/index.php?main_page=product_info&products_id=318
  11. ^ No More Heroes by Edward Skidelsky, Prospect Magazine, March 2006
  12. ^ a b Legal justification
  13. ^ War crimes warning

External links


Quotes

Up to date as of January 14, 2010

From Wikiquote

Carl Schmitt (11 July 18887 April 1985) Weimar and Nazi jurist and critic of parliamentarism and liberalism.

Sourced

Political Theology (1922)

Political Theology: Four Chapters on the Concept of Sovereignty. George Schwab, trans. Cambridge, Mass.: MIT Press, 1985.
  • Sovereign is he who decides on the exception.
  • All significant concepts of the modern theory of the state are secularized theological concepts not only because of their historical development—in which they were transferred from theology to the theory of the state, whereby, for example, the omnipotent God became the omnipotent lawgiver—but also because of their systematic structure, the recognition of which is necessary for a sociological consideration of these concepts. The exception in jurisprudence is analogous to the miracle in theology.
  • All law is "situational law." The sovereign produces and guarantees the situation in its totality. He has the monopoly over this last decision.
  • To be sure, Protestant theology presents a different, supposedly unpolitical doctrine, conceiving of God as the "wholly other," just as in political liberalism the state and politics are conceived of as the "wholly other." We have come to recognize that the political is the total, and as a result we know that any decision about whether something is unpolitical is always a political decision, irrespective of who decides and what reasons are advanced. This also holds for the question whether a particular theology is a political or an unpolitical theology.
  • The metaphysical image that a definite epoch forges of the world has the same structure as what the world immediately understands to be appropriate as a form of its political organization.
  • Liberalism, with its contradictions and compromises, existed for Donoso Cortés only in that short interim period in which it was possible to answer the question “Christ or Barabbas?” with a proposal to adjourn or appoint a commission of investigation.
  • The essence of liberalism is negotiation, a cautious half measure, in the hope that the definitive dispute, the decisive bloody battle, can be transformed into a parliamentary debate and permit the decision to be suspended forever in an everlasting discussion.
  • All genuine political theories presuppose man to be evil.

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