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Journal articles on the topic 'Schmitt, Carl , Counterrevolutions. State, The'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

Cristi, Renato. "Carl Schmitt on Sovereignty and Constituent Power." Canadian Journal of Law & Jurisprudence 10, no. 1 (1997): 189–201. http://dx.doi.org/10.1017/s0841820900000308.

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Schmitt's Verfassungslehre stands as perhaps the most systematic and least circumstantial of his works. While his production is marked, on the whole, by an extraordinary sensitivity toward his own concrete situation, leading at one point to an unbounded and shameless opportunism, this particular work seems to rise above the political fray, reflecting possibly the mood of 1928, which marks the halcyon days of the Weimar republic. Recently, Ernst-Wolfgang Böckenförde has tried to shake off the Verfassungslehre from its composed academic bearing by relating its argument to the polemical friend/en

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2

Salomon, David. "Carl Schmitt Reloaded." PROKLA. Zeitschrift für kritische Sozialwissenschaft 38, no. 152 (2008): 429–42. http://dx.doi.org/10.32387/prokla.v38i152.463.

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Otto Depenheuer, who teaches public law in Germany, is rather influential among German conservative politicians, like for example the present minister of the interior. The article shows that the conceptual approach of the conservative catholic Depenheuer depends nearly completely on the lessons taught by Carl Schmitt, who played a crucial role in the development of the Nazi's conception of law and state.

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3

Kiselev, Mikhail. "Carl Schmitt in the USSR." Sotsiologicheskoe Obozrenie / Russian Sociological Review 19, no. 2 (2020): 276–309. http://dx.doi.org/10.17323/1728-192x-2020-2-276-309.

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The article is devoted to the problem of the perception in the USSR of C. Schmitt and his works. It is shown that the Russian Empire paid attention to and criticized Schmitt’s 1912 work Law and Judgment. Soviet readers in the 1920s–1940s were already acquainted with the content of Schmitt’s key works such as Political Romanticism, Dictatorship, The Historical and Spiritual State of Modern Parliamentarism, Political Theology, The Concept of Political, The Age of Neutralizations and Depoliticizations, and On the Three Types of Juristic Thought, and a discussion of these works was a part of the i

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Scheuerman, William E. "Donald Trump meets Carl Schmitt." Philosophy & Social Criticism 45, no. 9-10 (2019): 1170–85. http://dx.doi.org/10.1177/0191453719872285.

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By revisiting late-Weimar debates between Carl Schmitt and two left-wing critics, Otto Kirchheimer and Franz L Neumann, we can shed light on the surprising alliance of populist politics with key tenets of economic liberalism, an alliance that vividly manifests itself in the political figure and retrograde policies of Donald Trump. In the process, we can begin to fill a striking lacuna in recent scholarly literature on populism, namely its failure to pay proper attention to matters of political economy. We can also perhaps begin to make sense of the roots of Trump’s assault on the US federal st

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5

Mehring, Reinhard, and Oleg Kil'dyushov. "“The State of European Jurisprudence” by Carl Schmitt." Sotsiologicheskoe Obozrenie / Russian Sociological Review 18, no. 1 (2018): 30–58. http://dx.doi.org/10.17323/1728-192x-2018-1-30-58.

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6

Wolin, Richard. "Carl Schmitt, political existentialism, and the total state." Theory and Society 19, no. 4 (1990): 389–416. http://dx.doi.org/10.1007/bf00137619.

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Souza, Danigui Renigui Martins de. "Estado de exceção: Giorgio Agamben entre Walter Benjamin e Carl Schmitt [State of exception: Giorgio Agamben between Walter Benjamin and Carl Schmitt]." Princípios: Revista de Filosofia (UFRN) 25, no. 47 (2018): 35. http://dx.doi.org/10.21680/1983-2109.2018v25n47id12733.

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O presente trabalho pretende apresentar algumas considerações acerca do Estado de exceção pensado por Agamben a partir do diálogo existente entre Walter Benjamin e Carl Schmitt. Para realizar tal tarefa teremos como referência basilar o capítulo “Gigantomachia intorno a un vuoto”, da obra Estado de exceção. No referido capítulo, Agamben nos revela a existência de um diálogo entre Schmitt e Benjamin que influenciou a criação do conceito de exceção em ambos. Porém, para Agamben, o conceito de exceção parece ser algo que ultrapassa a discussão realizada por Benjamin e Schmitt, revelando a estrutu

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Souza, Maria Silveira, and Douglas Ferreira Barros. "The Notion of Sovereignty, According to the Contemporary Interpretation of Political Theology." Fragmentos de Cultura 28, no. 1 (2018): 8. http://dx.doi.org/10.18224/frag.v28i1.5444.

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Abstract: the Political Theology (2009) of Carl Schmitt encompasses the notion of sovereignty and maintains strict dialogue with Hobbes’ conception for this concept. Schmitt believes that his work would improve the concept that, modern, should incorporate to it the notion of State of Exception, restoring definitely its condition of summa potestas, conferred by the philosophers of the Middle Ages, but abandoned by modern thinkers. The aim of this study is to analyze the similarities between the theories of Hobbes and Schmitt, identifying the concepts that form the basis of hobbesian conception

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Wielomski, Adam. "Geneza antropologii politycznej Carla Schmitta." Studia nad Autorytaryzmem i Totalitaryzmem 39, no. 1 (2017): 75–94. http://dx.doi.org/10.19195/2300-7249.39.1.4.

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ORIGINS OF CARL SCHMITT’S POLITICAL ANTHROPOLOGYThis text concerns the political anthropology of Carl Schmitt. Schmitt says that man is inherently evil, he is born in evilness. On this thesis he builds their theory of politics and the concept of the authoritarian state. But he nowhere is developing his political anthropology. It does not explain why the man is born evil and does not explain what is the source of this view? The literature about Schmitt’s theory proposes three interpretations: Christian inspiration, lecture of the writings of Thomas Hobbes, fear of Bolshevism. The author exami

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McLoughlin, Daniel. "Crisis, Modernity, Authority: Carl Schmitt on Order and the State." Australian Feminist Law Journal 31, no. 1 (2009): 135–52. http://dx.doi.org/10.1080/13200968.2009.10854431.

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11

Pankakoski, Timo. "Carl Schmitt Versus the ‘Intermediate State’: International and Domestic Variants." History of European Ideas 39, no. 2 (2012): 241–66. http://dx.doi.org/10.1080/01916599.2011.652467.

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12

Heller, Jonas, and Marina Martinez Mateo. "Aufhören oder Weiterdenken? Zur Frage des Umgangs mit Carl Schmitt. Eine Debatte mit Jean-François Kervégan." Rechtsphilosophie 7, no. 2 (2021): 115–19. http://dx.doi.org/10.5771/2364-1355-2021-2-115.

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Why should we read Carl Schmitt, an authoritarian and at times convinced National Socialist jurist, today? What could we gain and learn from Schmitt’s thought that would be of more than historical interest? And how should his indissolubly ambivalent texts be dealt with, methodologically and theoretically? With this special issue we aim to pursue these questions in a debate with Jean-François Kervégan, whose book “Que faire de Carl Schmitt?”, provides a fruitful starting point for this. Our claim will be, with Kervégan, that thinking with Carl Schmitt today means not so much to engage with his

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13

Bassok, Or. "The mysterious meeting between Carl Schmitt and Josef Redlich." International Journal of Constitutional Law 19, no. 2 (2021): 694–722. http://dx.doi.org/10.1093/icon/moab061.

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Abstract In 1934, Carl Schmitt, then the crown jurist of the Third Reich, wrote in an essay titled “National Socialist Legal Thought” about “[a] conversation with a world-famous, world travelled, experienced scholar of more than seventy years of age from the United States [which] belongs to the major experiences and encounters which led me as a jurist to National Socialism.” Schmitt never disclosed the identity of the scholar whom he met. Based on Schmitt’s diaries, I reveal that the scholar was Josef Redlich. Born to a Jewish family in 1869, Redlich was the Fairchild Professor of Comparative

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Λάμπρου (Eleni Lamprou), Ελένη. "Carl Schmitt: Μια θεωρία περί την πολιτική και τη θεολογία". Conatus 1, № 1 (2017): 49. http://dx.doi.org/10.12681/conatus.11845.

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Carl Schmitt in his book Political Theology: Four Chapters on the concept of sovereignty deals with the issue of sovereignty and furthermore in which cases the sovereign is likely to emerge. Initially, he tries to define what sovereignty is. He claims that sovereignty has to do with a ‘situation of extraordinary emergency’. In such a case, the sovereign ought to concede the existence of the exception of the current legal status and in the end, he should defend the public security, the order of the state and furthermore he has to aim at the salut public. Schmitt speaks for the suspension of the

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Kaczorowski, Paweł. "Carl Schmitt: Positionen and Begriffe. The Difference Between Politics and the Political." Studia Polityczne 47, no. 4 (2019): 11–29. http://dx.doi.org/10.35757/stp.2019.47.4.01.

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The subject of consideration is the relationship between politics and the political, as it is presented in two dissertations by Carl Schmitt from the 1920s: the famous Der Begriff des Politischen and the most extensive work from this period – Verfassungslehre. The thesis of the article is that, contrary to the fairly widespread interpretation of both these phenomena, that is, politics in the common sense and its special form to which Carl Schmitt referred as the political, should not be treated as explanandum and explanans, but as separate, co-occurring and somewhat complementary phenomena. Wh

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BURCHARD, CHRISTOPH. "Interlinking the Domestic with the International: Carl Schmitt on Democracy and International Relations." Leiden Journal of International Law 19, no. 1 (2006): 9–40. http://dx.doi.org/10.1017/s092215650500316x.

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Carl Schmitt's Der Nomos der Erde allows us to rethink his interlinked proposals for the organization of the Weimar Republic, namely his theory of ‘democratic dictatorship’ and the ‘concept of the political’. Connecting the domestic homogeneity of an empowered people with the pluralism of the Westphalian state system, Schmitt seeks to humanize war; he objects to the renaissance of the ‘just war’ tradition, which is premised on a discriminating concept of war. Schmitt's objections are valid today, yet their Eurocentric foundations are also partially outdated. We are thus to argue with Schmitt a

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Kaleta, Krzysztof J., and Krzysztof Koźmiński. "Charakter władzy suwerennej w koncepcjach ładu konstytucyjnego Hansa Kelsena i Carla Schmitta." Filozofia Publiczna i Edukacja Demokratyczna 2, no. 2 (2018): 154–68. http://dx.doi.org/10.14746/fped.2013.2.2.20.

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The purpose of this article is to review the controversy between two, potentially most influential legal theorists in 20th century, Hans Kelsen and Carl Schmitt. Their philosophical concepts: Schmittian decisionism and Kelsenian normativism, were based on different assumptions, leading their authors to variant practical conclusions. It is reasonable to infer that the differences in their visions of constitutional order were deeply rooted in different intellectual traditions – not only political (Kelsen’s involvement in defense of liberal democracy unlike Carl Schmitt, whose conservative attitu

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Calcagno, Antonio. "Alain Badiou’s Suturing of the Law to the Event and the State of Exception." Journal of French and Francophone Philosophy 24, no. 1 (2016): 192–204. http://dx.doi.org/10.5195/jffp.2016.712.

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This article questions whether we can posit a more radical desuturing of the law from the event: Can radical shifts in law produce events? Can the law itself be an event, thereby conditioning the very nature of the event itself, creating a new subjectivity and a new time? I would like to argue that the law can do so. How? Badiou begins “The Three Negations” by discussing the work of the German jurist Carl Schmitt (TN 1877). I would like to argue that the state of exception, as elaborated by Carl Schmitt, can serve as the willed decision of a sovereign that brings about an event. We can underst

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Kumm, Mattias. "Who is Afraid of the Total Constitution? Constitutional Rights as Principles and the Constitutionalization of Private Law." German Law Journal 7, no. 4 (2006): 341–69. http://dx.doi.org/10.1017/s2071832200004727.

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In 1931 Carl Schmitt published an article titled “the turn to the total state.” The total state that Schmitt describes is not yet a totalitarian state. Germany is still a liberal democracy and the Weimar Constitution is still the supreme law of the land. But the total state Schmitt describes is a state in which the traditional lines between the sphere in which the private law society governs itself and the sphere of state intervention, or the public domain, have been undermined. According to Schmitt, the pluralistic forces of civil society have captured the state and made it an instrument to s

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20

Seitzer, Jeffrey. "Carl Schmitt's Internal Critique of Liberal Constitutionalism: Verfassungslehre as a Response to the Weimar State Crisis." Canadian Journal of Law & Jurisprudence 10, no. 1 (1997): 203–25. http://dx.doi.org/10.1017/s084182090000031x.

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In one of his most famous dicta, the German legal and political theorist Carl Schmitt proclaimed it “obvious” that “all political concepts, images, and terms have a polemical meaning,” because “[t]hey are focused on a specific conflict and are bound to a concrete situation.” Taking Schmitt at his word, I argue that one must read Schmitt's masterpiece of comparative law from the Weimar period, Verfassungslehre, as a response to the Weimar state crisis. Schmitt's conceptual approach in Verfassungslehre aims to create a form of constitutional theory capable of compensating for structural defects

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Norkus, Zenonas. "Carl Schmitt as a Resource for Democratic Consolidation Studies." East European Politics and Societies: and Cultures 22, no. 4 (2008): 784–801. http://dx.doi.org/10.1177/0888325408316533.

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This article is a case study of the recent impeachment of President Paksas of Lithuania, exploring the heuristic value of Carl Schmitt's extremalist methodology for research on the institutional dimension of democratic consolidation. This methodology considers the performance of the democratic regime under extreme or exceptional conditions as the test of its consolidation. As presidential and semipresidential regimes are predisposed to evolve into authoritarian regimes and delegative democracies, effective use of the impeachment procedure can be considered to be the positive Schmittean test of

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22

Molnar, Aleksandar. "Rousseauist foundations of Schmitt's concept of (total) state." Sociologija 52, no. 3 (2010): 225–36. http://dx.doi.org/10.2298/soc1003225m.

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In this paper the author discusses Carl Schmitt's concept of 'the political' (das Politische), and his constitutional teaching (Verfassungslehre). He is trying to explain that the logic of Schmitt's argument against liberal democracy and in favor of populist democracy follows all the important conclusions made by Jean-Jacques Rousseau in his Social Contract, with only one exception. Schmitt was, namely, reluctant to accept that the social contract ever occurred in any historical society and he believed that it could not be used even as a methodological tool, because it has no meaning in the ve

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Kemmerer, Alexandra. "Dark Legator: Where the state transcends its boundaries, Carl Schmitt awaits us." German Law Journal 7, no. 2 (2006): 149–53. http://dx.doi.org/10.1017/s2071832200004521.

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BATES, DAVID. "POLITICAL THEOLOGY AND THE NAZI STATE: CARL SCHMITT'S CONCEPT OF THE INSTITUTION." Modern Intellectual History 3, no. 3 (2006): 415–42. http://dx.doi.org/10.1017/s1479244306000862.

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The fundamental importance of theology in the work of Carl Schmitt has been the subject of much recent literature on this controversial figure. However, there has been little consensus on the precise nature of Schmitt's own political theology—that is, on what links there are between his religious or metaphysical concepts and his ideas concerning the nature of political organization and action. This is especially the case with his works of the Nazi era, which are now being studied with the same kind of critical attention given to his more influential Weimar works. In this essay I focus on the i

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Spanakos, Anthony Peter. "Hell's Kitchen's Prolonged Crisis and Would-be Sovereigns: Daredevil, Hobbes, and Schmitt." PS: Political Science & Politics 47, no. 01 (2013): 94–97. http://dx.doi.org/10.1017/s1049096513001698.

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Comic book heroes often have their origins innoirdepictions of failed or failing states. The danger involved and the seeming anarchy that necessitates superheroes recall Hobbes's description of a state of nature and Leviathan as resolution. But comic book heroes generally inhabit states that are better identified by the Hobbes-inspired Carl Schmitt. Indeed, this articles argues that while the Hell's Kitchen ofDaredevilcomics has some characteristics of a state of nature, it is better characterized by the protracted crisis of state that Schmitt sees in liberal democracies. Hobbes and Schmitt el

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Górnisiewicz, Arkadiusz. "Dispute over the Guardian of the Constitution. Hans Kelsen, Carl Schmitt and the Weimar Case." Politeja 18, no. 3(72) (2021): 193–214. http://dx.doi.org/10.12797/politeja.18.2021.72.10.

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The paper discusses one of the most important debates on the meaning of constitutional adjudication in the 20th century that engaged two eminent legal and political thinkers Hans Kelsen and Carl Schmitt. The paper focuses on the constitutional dispute over the guardianship of the constitution in the final years of Weimar’s Germany and reconstructs the arguments of the two major protagonists in this dispute concerning the Weimar constitution and the fundamental question whether the guardian of the constitution is (or should be) the constitutional court or the president of the Reich. The debate

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Kaczorowski, Paweł. "Carl Schmitt o totalizmie i jego podmiocie. Prolegomena do rozważań o państwie totalitarnym." Civitas. Studia z Filozofii Polityki 14 (January 30, 2012): 69–118. http://dx.doi.org/10.35757/civ.2012.14.05.

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The author attempts to verify whether defining totalitarianism in terms of a state striving to obtain total control over the life of individuals and collectives is a proper approach. Does totalitarianism genuinely imply a society completely subordinated to a state? And, in dealing with the political realities of a totalitarian regime, can we consider a totality other than that created by the state? The author reaches for Carl Schmitt’s reflections on political totality and its subjects. It is thanks to this approach that we are able to look at a totalitarian structure more primal than a state,

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Kerestes, Tomaz. "Local Political Units and Sovereignty in the Perspective of Carl Schmitt’s Political Philosophy." Lex localis - Journal of Local Self-Government 12, no. 2 (2014): 192–204. http://dx.doi.org/10.4335/12.2.192-204(2014).

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To Schmitt, a parliamentary system is a direct product of the liberal rule of law, which is by itself an attempt of bourgeoisie to protect itself from the state, and as such an anti-political form. As the whole liberal position of bourgeoisie, the parliamentarism is inconsistent in its position towards political matters. The second problem of parliamentarism is that it historically represents a tool of bourgeoisie to integrate in the monarchic state and achieve political unity. The historical antagonism between the bourgeoisie and proletariat does not seem to be solved even in a present day st

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Goupy, Marie. "The state of exception theory of Carl Schmitt and the ambivalent criticism of liberalism." Zeitschrift für Politikwissenschaft 28, no. 4 (2018): 395–408. http://dx.doi.org/10.1007/s41358-018-0142-3.

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Moltmann, Jürgen. "Terrorismus und politische Theologie." Evangelische Theologie 75, no. 5 (2015): 358–65. http://dx.doi.org/10.14315/evth-2015-0506.

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Abstract Bakunin’s anarchism on the one hand and Carl Schmitt’s State-God on the other mirror each other. Either concept is about the non-accountable, »absolute« political decision. Both modern terrorism and the political reaction to it in the »security state« follow the alternative Bakunin-Schmitt. By contrast, the »open society« of democracy needs the Christian, intelligent love of enemies to deal with its enemies without self-destruction.

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Vallianos, Pericles S. "Romanticism and Politics: from Heinrich Heine to Carl Schmitt – and Back Again." Historical Review/La Revue Historique 10 (December 13, 2013): 189. http://dx.doi.org/10.12681/hr.311.

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<p>After a reference to the debate concerning the concept of Romanticism (Lovejoy vs Wellek), the article briefly evokes certain key stances of English and French literary<br />Romanticism. It then points to the distinguishing features of German Romanticism, namely the enlargement of the doctrine into an integral metaphysics with the concept of the “organic state” at its core (A. Müller). The critique of political Romanticism by two revolutionary democrats (H. Heine and A. Ruge) is then presented. The article closes with a critique of C. Schmitt’s interpretation of political Romant

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Roach, Steven C. "Decisionism and Humanitarian Intervention: Reinterpreting Carl Schmitt and the Global Political Order." Alternatives: Global, Local, Political 30, no. 4 (2005): 443–60. http://dx.doi.org/10.1177/030437540503000403.

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International legal scholars and political scientists have devised many alternative proposals to legalize politically legitimized humanitarian interventions. While many of these alternative legal mechanisms have addressed the limits to the UN Charter and the political and economic consequences of intervention, they also have exposed the need for more theoretical analysis of the shift in political responsibilities and decision making from the state to international level. In this article, I draw on Carl Schmitt's theory of decisionism in order to understand the legitimacy and political dynamics

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Mészáros, Gábor. "Carl Schmitt in Hungary: Constitutional Crisis in the Shadow of Covid-19." Review of Central and East European Law 46, no. 1 (2021): 69–90. http://dx.doi.org/10.1163/15730352-bja10024.

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Abstract This paper discusses the Hungarian constitutionalism and the emergency model which can be called an ‘autocratic’ emergency model in which the government’s main aim is to create an emergency regime without real threat. That was the case in Hungary before 2020, but as the new coronavirus flourished the Hungarian constitutionalism and the rule of law withered. As the article asserts the declaration of the state of danger was unconstitutional because human epidemic is not involved in the listing of the constitution. The constitutional concerns have become even more complicated after the a

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Molnar, Aleksandar. "Carl Schmitt's attitude towards total war and total enemy on the eve of the outbreak of WWII." Filozofija i drustvo 21, no. 1 (2010): 31–49. http://dx.doi.org/10.2298/fid1001031m.

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Carl Schmitt is usually perceived as the theorist of total state, total war and total hostility. In the article, the author however tries to show that from 1937 to 1944, Schmitt was arguing that total war and total hostility were dangerous for Germany (as well as for the rest of Europe) and warned against perpetuation of all efforts to totalize enemy that started in 1914. In his theoretical endeavors in this period there was place for the total state only - and especially for the total state strong enough to resist temptation of declaring total war on total enemy. The total state he recommende

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LOURENÇON, Jorge Luís dos Santos, and Ana Maria Ortega ALONSO. "A AÇÃO DIRETA DE INCONSTITUCIONALIDADE Nº 4.439 EM FACE DAS TEORIAS DA CONSTITUIÇÃO DE HANS KELSEN E CARL SCHMITT." UNIFUNEC CIENTÍFICA MULTIDISCIPLINAR 10, no. 12 (2021): 1–16. http://dx.doi.org/10.24980/ucm.v10i12.4168.

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No século XX, os pensadores Hans Kelsen e Carl Schmitt travaram um embate sobre a quem incumbiria a guarda da Constituição. Para aquele, a tarefa seria de um órgão técnico, qual seja, uma corte constitucional, capaz de uma análise de compatibilidade entre normas de hierarquia superior com as de hierarquia inferior. Para Schmitt, por outro lado, ao chefe de Estado caberia tal responsabilidade, por ser detentor da vontade política e, assim, mostrar-se afim aos anseios populares; sendo a Constituição uma decisão política, o representante do povo teria legitimidade para protegê-la, de acordo com a

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Zelik, Raul. "„State Failure“ und „asymmetrische Kriege“ als Paradigmen von Weltordnungspolitik." PROKLA. Zeitschrift für kritische Sozialwissenschaft 37, no. 147 (2007): 289–307. http://dx.doi.org/10.32387/prokla.v37i147.521.

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Herfried Münkler – who has delivered extensive descriptions of New Wars and the configuration of Empires – is actually treated as one of the most important political analysts in Germany. However, there are very few critical discussions of h is t hesis. Münkler m aintains t hat irregular, ‘ non-state’ wars lead t o a spreading of uncontrollable violence. In this sense and applying to Thomas Hobbes and Carl Schmitt, he celebrates the strong State as a successful instrument of ruling policies and pacification. With similar arguments, he pleads for a self-confident dealing with imperial strategies

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Houben, Laetitia. "Carl Schmitt: The Ultimate Illiberal? - Benjamin Schupmann, Carl Schmitt’s State and Constitutional Theory. A Critical Analysis (Oxford University Press2017), pp. 232." European Constitutional Law Review 15, no. 3 (2019): 599–608. http://dx.doi.org/10.1017/s1574019619000300.

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Carty, Anthony. "Carl Schmitt, Nomos of the Earth, and the Question of Historic Title in International Law." Korean Journal of International and Comparative Law 7, no. 2 (2019): 135–43. http://dx.doi.org/10.1163/22134484-12340120.

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Abstract The Western international law of territory starts from a standpoint of the priority of the State over its population. The latter is merely an object of the ownership of the State. Title to territory rests on dominant evidence of State activity. The activity of so-called private individuals or economic activity of peoples do not count towards title to territory in the case law of international tribunals. This article contests the foundations of such a perspective. The so-called Western law of territory was devised by Western States to divide up among themselves the territory of non-Wes

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McLoughlin, Daniel. "The Fiction of Sovereignty and the Real State of Exception: Giorgio Agamben’s Critique of Carl Schmitt." Law, Culture and the Humanities 12, no. 3 (2016): 509–28. http://dx.doi.org/10.1177/1743872112469863.

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40

Moore, Thomas. "Citizens into wolves? Carl Schmitt’s fictive account of security." Cooperation and Conflict 46, no. 4 (2011): 502–20. http://dx.doi.org/10.1177/0010836711422504.

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This article assesses the extent to which security regimes are the products of authorization in the thought of Thomas Hobbes and Carl Schmitt. The Hobbesian security regime offers a contingent construction of security in terms of processes of authorization and brings into view questions about the epistemic construction of security within security discourse today. The Schmittian concept of security involves the naturalization of security through the state, meaning that security is understood as condition rather than regime. Rather than look to Carl Schmitt’s concept of security as the paradigm

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Böckenförde, Ernst-Wolfgang. "The Concept of the Political: A Key to Understanding Carl Schmitt's Constitutional Theory." Canadian Journal of Law & Jurisprudence 10, no. 1 (1997): 5–19. http://dx.doi.org/10.1017/s0841820900000205.

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The focus of this paper is not on the person, but on the work of Carl Schmitt, in particular the significance of Schmitt's concept of the political for an understanding of his legal and constitutional theory. Let me start with a short personal memory. When I was a third year law student, I read Carl Schmitt's Constitutional Theory. I came across the formulations that the state is the political unity of a people and that the rule of law component in a constitution is an unpolitical component. I was puzzled by these two remarks. I had learned from Georg Jellinek that the state, from a sociologic

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Jouanjan, Olivier. "Demokratska vladavina prava." Zbornik radova Pravnog fakulteta u Splitu 56, no. 1 (2019): 87–106. http://dx.doi.org/10.31141/zrpfs.2019.56.131.87.

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In Europe, democracy has a bright future. Not one democratic mechanism, however direct, cannot guarantee direct democracy. Therefore, the theory of populism by theoretician Carl Schmitt is analyzed « thoughts on Schmitt against Schmitt : Ernst-Wolfgang Böckenförde“. Furthermore, the democratic myth is discussed and its ideology. The state of rule of law of modern democracy and the two faces of modern democracy are analyzed. The need to participate in civil society in administrative control is stressed. The relation of the tension between democracy and rule of law is observed. The need to consi

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Kennedy, Ellen. "Hostis not Inimicus: Toward a Theory of the Public in the Work of Carl Schmitt." Canadian Journal of Law & Jurisprudence 10, no. 1 (1997): 35–47. http://dx.doi.org/10.1017/s0841820900000229.

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Der Krieg ist durchaus nicht Ziel und Zweck oder gar Inhalt der Politik, wohl aber ist er die als reale Möglichkeit immer vorhandene Voraussetzung, die das menschliche Handeln und Denken in eigenartiger Weise bestimmt und dadurch ein spezifisch politisches Verhalten bewirkt.In an early review of the Verfassungslehre (1928), Margit Kraft-Fuchs criticizes Carl Schmitt's argument as circular and illogical. While claiming to establish an entirely new constitutional theory, not a general theory of the state, Schmitt in fact relies on a tautology and derives “an is from an ought”. Quoting Schmitt's

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Burles, Regan. "Exception and governmentality in the critique of sovereignty." Security Dialogue 47, no. 3 (2016): 239–54. http://dx.doi.org/10.1177/0967010615620972.

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This article investigates the relation between exception and governmentality in the critique of sovereignty. It argues that the problem of sovereignty is not only expressed between the accounts of sovereignty that exception and governmentality articulate, but also within each of those accounts. Taking Michel Foucault and Carl Schmitt as the paradigmatic theorists of governmentality and exception, respectively, this article engages in close readings of the texts in which these concepts are most thoroughly elaborated: Security, Territory, Population and Political Theology. These readings demonst

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de Wilde, Marc. "The state of emergency in the Weimar Republic Legal disputes over Article 48 of the Weimar Constitution." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 78, no. 1-2 (2010): 135–58. http://dx.doi.org/10.1163/157181910x487341.

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AbstractThe article analyzes the debate on 'constitutional dictatorship' that took place at the first annual conference of the Association of German Constitutional Lawyers in Jena in 1924. In their keynote lectures, Carl Schmitt and Erwin Jacobi argued that Article 48 of the Weimar Constitution authorized the President of the Reich to derogate from the rule-of-law provisions of the constitution if this was necessary to save its 'political substance'. Advocating a 'doctrine of derogation', they implicitly criticized one of the main methodological assumptions of legal positivism, i.e., that lega

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Bashkov, Vladimir. "From Kierkegaard to Schmitt: Towards the Political-Theological Relevance of Repetition." Sotsiologicheskoe Obozrenie / Russian Sociological Review 20, no. 1 (2021): 25–49. http://dx.doi.org/10.17323/1728-192x-2021-1-25-49.

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This article attempts to explore Carl Schmitt’s political theology with reference to the philosophical and literature heritage of Søren Kierkegaard. For most modern scholars, the presence of this ideological connection is no longer something unknown or to be doubted. In the key statements of political theology, the dialectic of exception and of the universal is found, appearing in the same way as it was formulated by Kierkegaard. More often, the exception is the one that attracts the attention of specialists. However, in addition to the exception, Kierkegaard also speculated on repetition; it

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Zai-Wang Yoon. "The paradox of ‘state of exception’ and ‘sovereignty’ : A critical approach to Giorgio Agamben’s reading of Carl Schmitt." kangwon Law Review 47, no. ll (2016): 337–404. http://dx.doi.org/10.18215/kwlr.2016.47..337.

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Luz, Lara Emanuele da. "Estado de exceção: o poder soberano e a captura da vida / State of exception: the soberan power and the capture of life." Profanações 5, no. 1 (2018): 65. http://dx.doi.org/10.24302/prof.v5i1.1401.

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Giorgio Agamben, filósofo italiano, apresenta um diagnóstico da modernidade bastante relevante para nosso tempo atual. Para ele, a biopolítica existe desde o nascimento do pensamento político Ocidental, e é ela que rege e captura a vida das pessoas pertencentes à polis. Para isso, é necessário que o Estado de exceção comece a tornar-se regra para que nele, tudo possa ser instaurado. Nestes termos, o presente artigo pretende apresentar, por um lado, o que é e quais as características do Estado de exceção para Agamben, ressaltando o diálogo deste com o Carl Schmitt, grande inspirador do filósofo

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Terrier, Jean. "Law contra sociology: The critique of the social sciences, especially Durkheimian sociology, by Kelsen and Schmitt." Journal of Classical Sociology 17, no. 4 (2017): 309–30. http://dx.doi.org/10.1177/1468795x17736126.

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This article explores the reception of Emile Durkheim in Germany at the beginning of the twentieth century. In recent years, the classical assumption according to which sociology is neatly organised in distinct national traditions has been challenged. This article further contributes to this challenge by analysing the case of two prominent German-speaking legal scholars, Hans Kelsen and Carl Schmitt. Despite major differences in their political and scientific outlook, both argued against the encroachments of the social sciences into the field of legal studies. This article shows how Kelsen mou

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Pocius, Kasparas. "NEPAPRASTOJI PADĖTIS IR DIEVIŠKASIS SMURTAS: CARLO SCHMITTO IR WALTERIO BENJAMINO MINČIŲ KRYŽKELĖS." Problemos 83 (January 1, 2013): 107–20. http://dx.doi.org/10.15388/problemos.2013.0.829.

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Šiuolaikinės politinės filosofijos kontekste jau maždaug dvidešimt metų neatslūgsta domėjimasis biopolitinėmis teorijomis, kurių dėmesio centre atsiduria valdžios ir gyvybės santykis šiuolaikiniame pasaulyje, kairiųjų politinių filosofų vadinamame Imperija. Italų filosofo Giorgio Agambeno dėka biopolitikos instrumentai buvo panaudoti nepaprastosios padėties ir homo sacer sampratų tyrinėjimams. Šiame tekste, pasitelkiant nepaprastosios padėties bei su ja susijusias sampratas, bus gilinamasi į šiuolaikinės valdžios ir valdymo problemas. Aptarsime vokiečių teisės teoretiko Carlo Schmitto nepapras

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