Revision as of 00:14, 28 March 2008 editCri du canard (talk | contribs)339 edits section is wildly inaccurate OR/SYN extrapolation from sources that do not support claims made. a partisan accusation that X sounds like Schmitt is not evidence Schmitt influenced X← Previous edit | Latest revision as of 01:42, 10 December 2024 edit undoKlayman137 (talk | contribs)15 edits →Other countries: Added references about a suspected Russian spy named after Schmitt's "Nomos of the Earth". | ||
Line 1: | Line 1: | ||
{{short description|German jurist and political theorist (1888–1985)}} | |||
{{About|the German jurist and political theorist|the American artist|Carl Schmitt (artist)|New Zealand violinist and composer|Carl Schmitt (composer)|people with a similar name|Carl Schmidt (disambiguation){{!}}Carl Schmidt}} | |||
{{use dmy dates|date=September 2023}} | |||
{{More citations needed|date=February 2024}} | |||
{{Infobox philosopher | |||
| region = ] | |||
| era = ] | |||
| image = Carl Schmitt.jpg | |||
| caption = Schmitt in 1932 | |||
| name = Carl Schmitt | |||
| birth_date = {{Birth date|df=yes|1888|7|11}} | |||
| birth_place = ], ], ] | |||
| death_date = {{death date and age|df=yes|1985|4|7|1888|7|11}} | |||
| death_place = Plettenberg, ], ] | |||
| education = {{ubli|]|]|] (], 1910; ], 1916)}} | |||
| institutions = {{ubli|] (1921)|] (1921)|] (1928)|] (1933)|] (1933–1945)}} | |||
| school_tradition = {{ubli|]|]<ref name="Wolin"/>|]<ref>Oliver W. Lembcke, Claudia Ritzi, Gary S. Schaal (eds.): ''Zeitgenössische Demokratietheorien: Band 1: Normative Demokratietheorien'', Springer, 2014, p. 331.</ref>|]<ref name= "Hooker2009">{{cite book|last=Hooker|first=William|title=Carl Schmitt's International Thought: Order and Orientation |url= https://books.google.com/books?id=WaAgAwAAQBAJ&pg=PA204|access-date=5 September 2014|date=2009-11-12|publisher=Cambridge University Press|isbn=978-1-13948184-7|page=204}}</ref>}} | |||
| main_interests = {{unbulleted indent list |] |] |] |] |]}} | |||
| notable_ideas = {{indented plainlist| | |||
* ] | |||
* ] | |||
* ] | |||
* ]–] distinction | |||
}} | |||
|other_names="Crown Jurist of the ]" (Nickname)}} | |||
'''Carl Schmitt'''{{efn|{{IPAc-en|ʃ|m|ɪ|t}}}} (11 July 1888 – 7 April 1985) was a German ], ], and prominent member of the ]. | |||
Schmitt's ideas have attracted the attention of numerous philosophers and political theorists, including ], ], ], ], ], ], ], ], and ]. Much of his work remains controversial today, in part due to his involvement with ]. | |||
Born in ] in 1888, Schmitt studied law in ], ], and ]. In 1916, he married his first wife, Pavla Dorotić, but divorced her after realizing that she had pretended to be a countess. Schmitt was Catholic but broke with the church in the 1920s. He married Duška Todorović in 1926. During this time, he taught in ], ], and ] and published ''Dictatorship'' and ''Political Theology''. Schmitt taught in Cologne in 1932, published '']'', and supported the ] in '']''. After the appointment of ] as ] in 1933, Schmitt joined the ]. He was an active jurist, a member of the ], and a professor in Berlin. In 1936 Schmitt was forced to resign his political role when the ] targeted him, but ] protected him. After the ] ended, Schmitt spent over a year in an internment camp and returned to Plettenberg. He refused ], which barred him from academic positions. However, he continued his studies and frequently received scholarly visitors. In 1963, he published the '']''. Schmitt died on 7 April 1985 at the age of 96. | |||
== Biography == | |||
===Early years=== | |||
Schmitt was born the son of a small businessman in ], ] on July 11, 1888; he studied ] and ] in ], ] and ] and took his graduation and state exams in the then-German Strasbourg in 1915. In 1916 he married his first wife, Pawla Dorotić, a ] woman. They were divorced in 1924. In 1925 he married his second wife, Duška Todorović, also Serbian—they had one daughter, called Anima. <br> | |||
Schmitt had earned his ] in 1916 in Strasbourg. He taught at various business schools - in Munich, Greifswald, Bonn, Berlin, and Cologne. | |||
Schmitt wrote extensively about the effective wielding of political power. An ] theorist,<ref>{{Cite book|title=Introduction to Political Theory|last=Hoffman|first=John|publisher=Routledge|year=2015|isbn=9781317556602|pages=114}}</ref><ref>{{Cite book|title=Piero Gobetti and the Politics of Liberal Revolution|last=Martin|first=James|year=2008|isbn=978-0-230-61686-8|pages=142|publisher=Springer }}</ref> he is noted as a critic of ], ], and ].{{sfn|Vinx|2019}} His works cover political theory, legal theory, continental philosophy, and ]. However, they are controversial, mainly due to his intellectual support for and active involvement with ].<ref>{{Cite journal |last=Caldwell |first=Peter C. |date=June 2005 |title=Controversies over Carl Schmitt: A Review of Recent Literature |journal=The Journal of Modern History |volume=77 |issue=2 |pages=357–387 |doi=10.1086/431819 |issn=0022-2801}}</ref> According to the '']'', "Schmitt was an acute observer and analyst of the weaknesses of liberal ] and liberal cosmopolitanism. But there can be little doubt that his preferred cure turned out to be infinitely worse than the disease."{{sfn|Vinx|2019|loc=}} | |||
=== Nazi period === | |||
Carl Schmitt, who became a professor at the University of ] in 1933 (a position he held until the end of ]) joined the ] on May 1, 1933; he quickly was appointed "''Preußischer Staatsrat''" by ] and became the president of the "''Vereinigung nationalsozialistischer Juristen''" ("Union of National-Socialist Jurists") in November. He thought his theories as an ideological foundation of the ] dictatorship, and a justification of the "]" state with regard to legal philosophy, in particular through the concept of '']''. | |||
==Early life== | |||
Half a year later, in June 1934, Schmitt became editor in chief for the professional newspaper "''Deutsche Juristen-Zeitung''" ("German Jurists' Newspaper"); in July 1934, he justified the political murders of the '']'' as the "highest form of administrative justice" ("''höchste Form administrativer Justiz''"). {{Fact|date=February 2007}} | |||
Schmitt was born in ], ], ]. His parents were ] from the German ] region who had settled in Plettenberg. His father was a minor businessman. Schmitt studied ] at the Universities of ], ], and ], and took his graduation and state examinations in then-German Strasbourg in 1915.<ref name="conscience56">{{harvnb|Koonz|2003|p=56}}</ref> His 1910 ] was titled {{lang|de|Über Schuld und Schuldarten}} (''On Guilt and Types of Guilt'').<ref>{{Cite web|url=https://markkukoivusalo.files.wordpress.com/2015/04/syyllisyys.jpg|title=Cover of Carl Schmitt's dissertation from 1910|access-date=16 October 2018|archive-date=8 March 2021|archive-url=https://web.archive.org/web/20210308234100/https://markkukoivusalo.files.wordpress.com/2015/04/syyllisyys.jpg|url-status=live}}</ref> | |||
Schmitt volunteered for the army in 1916.<ref name="conscience56" /> The same year, he earned his ] at Strasbourg with a thesis under the title {{lang|de|Der Wert des Staates und die Bedeutung des Einzelnen}} (''The Value of the State and the Significance of the Individual''). He then taught at various business schools and universities, namely the ] (1921), the ] (1921), the ] (1928), the ] (1933), and the ] (1933–1945). | |||
Schmitt presented himself as a radical ] and also was the chairman of a law teachers' ] in ] 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, two months later, in December, the ] publication '']'' 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 criticised the Nazi's racial theories {{fact|date=March 2007}}. After this, Schmitt lost most of his prominent offices, and retreated from his position as a leading Nazi jurist, although he retained his post as a professor in Berlin thanks to Göring. | |||
In 1916, Schmitt married his first wife, Pavla Dorotić,<ref name="conscience57">{{harvnb|Koonz|2003|p=57}}</ref> a Croatian woman who pretended to be a countess. They divorced, but no annulment was granted by a ], so his 1926 marriage to Duška Todorović (1903–1950), a Serbian woman, was not deemed valid under ].<ref name= "conscience57" /> | |||
=== Post-World War II === | |||
In 1945, Schmitt was captured by the ] forces; after spending more than a year in an internment camp, he returned to his home town of ] following his release in ], and later to the house of his housekeeper Anni Stand in Plettenberg-Pasel. Despite being isolated from the mainstream scholarly and political community, he continued his studies especially of ] 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 ], ], and ]. | |||
As a young man, Schmitt was "a devoted Catholic until his break with the church in the mid twenties".<ref>McCormick, John P. ''Carl Schmitt's Critique of Liberalism: Against Politics as Technology''. 1st paperback ed. Cambridge: Cambridge University Press, 1999:86–87.</ref> From around the end of the First World War, he began to describe his Catholicism as "displaced" and "de-totalised".<ref>Müller, Jan-Werner. ''A Dangerous Mind: Carl Schmitt in Post-War European Thought''. New Haven: Yale University Press, 2003:xxix.</ref> | |||
In 1962, Schmitt gave lectures in ], two of them giving rise to the publication, the following year, of ''Theory of the Partisan'' (Telos Press, 2007), in which he qualified the ] 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. | |||
==Academic career== | |||
Schmitt died on April 7, 1985 and is buried in ]. | |||
In 1921, Schmitt became a professor at the ], where he published his essay ''Die Diktatur'' (on ]).{{Citation needed|date=December 2023}} | |||
In 1922 he published {{lang|de|Politische Theologie}} ('']'') while working as a professor at the ]. Schmitt changed universities in 1926, when he became professor of law at the Handelshochschule in ], and again in 1932, when he accepted a position in ]. His most famous paper, {{lang|de|italic=no|"Der Begriff des Politischen"}} ("]"), was based on lectures at the {{lang|de|italic=no|]}} in Berlin.<ref>{{cite book |last=Gottfried |first=Paul |title=Carl Schmitt |year=1990 |publisher=Claridge Press |isbn=978-1-870626-46-0 |page=20}}</ref> | |||
==Work== | |||
===''On Dictatorship''=== | |||
In 1921, Schmitt became a professor at the ], where he published his essay "''Die Diktatur''" ("On ]"), in which he discussed the foundations of the newly-established ], emphasising the office of the '']''. For Schmitt, a strong dictatorship could embody the will of the people more effectively than any legislative body, as it can be decisive, whereas parliaments inevitably involve discussion and compromise: | |||
In 1932, Schmitt was counsel for the Reich government in the case ''Preussen contra Reich'' (''Prussia vs. Reich''), in which the ]-controlled government of the state of ] disputed its dismissal by the right-wing Reich government of ]. Papen was motivated to do so because Prussia, by far the largest state in ], served as a powerful base for the political left and provided it with institutional power, particularly in the form of the Prussian police. Schmitt, Carl Bilfinger, and Erwin Jacobi represented the Reich<ref name="gppcr">{{harvnb|Balakrishnan|2000|pages=168–169}}</ref> and one of the counsel for the Prussian government was ]. The court ruled in October 1932 that the Prussian government had been suspended unlawfully but that the Reich had the right to install a commissar.<ref name="gppcr" /> In German history, the struggle resulting in the ''de facto'' destruction of federalism in the Weimar republic is known as the '']''.{{Citation needed|date=December 2023}} | |||
“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.”{{Fact|date=February 2007}} | |||
==Hitler's seizure of control== | |||
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 ], it literally means state of exception, which Schmitt contends 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 ] as the power to ''decide'' the instauration (establishment) of ], as ] has noted. According to Agamben<ref>''State of Exception'' (2005), pp. 52-55.</ref>, Schmitt's conceptualization of the "state of exception" as belonging to the core-concept of sovereignty was a response to ]'s concept of a "pure" or "revolutionary" violence, which didn't enter into any relationship whatsoever with right. Through the state of exception, Carl Schmitt included all types of violence under right, linking right & life (''zoe'') together, and thus transforming the juridical system into a "death machine", creating an '']''. | |||
{{main|Adolf Hitler's rise to power#Seizure of control (1931–1933)}} | |||
Schmitt remarked on 31 January 1933 that with ]'s appointment as Chancellor, "one can say that '] died.{{'"}}{{sfn|Balakrishnan|2000|p=187}} ] observes:<ref name="Wolin">{{cite journal |last=Wolin |first=Richard |year=1992 |title=Carl Schmitt: The Conservative Revolutionary Habitus and the Aesthetics of Horror |journal=] |volume=20 |issue=3 |pages=424–25|doi=10.1177/0090591792020003003 |s2cid=143762314 }}</ref> | |||
Schmitt opposed what he called "chief constable dictature", 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 dictature", in which law was suspended, as in the classical state of exception, not to "save the ]", but rather to create another Constitution. This is how he theorized ]'s continual suspension of the legal constitutional order during the ] (The ]'s Constitution was never abrogated, underlined Giorgio Agamben {{Fact|date=February 2007}} rather, it was "suspended" for four years first at February 28, 1933 ] and the suspension was renewed every four years similar to a - continual - state of emergency). | |||
{{Blockquote | 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 but 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.}} | |||
The direction all this leads, and the reason why Schmitt has been taken so seriously by political theory, is to the theorisation of the crisis and state of emergency as not exceptional moments in political life opposed to some stable normalcy, but themselves the predominant form of the life of modern nations. | |||
The Nazis forced the passage of the ] in March, which changed the ] to allow the "present government" to rule by decree, bypassing both the President, ], and the ].{{Citation needed|date=December 2023}} | |||
===''Political Theology''=== | |||
This was followed by another essay in 1922, titled "''Politische Theologie''" ("Political ]"); in it, Schmitt, who at the time was working as a professor at the ], gave further substance to his authoritarian theories, effectively denying ] based on a ] 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 ] in the public interest. (See discussion of "On Dictatorship," above.) Schmitt opposes this definition to those offered by contemporary theorists of sovereignty, particularly ], whose work is criticized at several points in the essay. | |||
], the leader of the ], one of the Nazis' partners in the coalition government that was being squeezed out of existence, hoped to slow the ] by threatening to quit his cabinet position. Hugenberg reasoned that by doing so, the government would be changed, and the Enabling Act would no longer apply, as the "present government" would no longer exist. A legal opinion by Schmitt prevented this manoeuvre from succeeding. Well known at the time as a constitutional theorist, Schmitt declared that "present government" did not refer to the cabinet's makeup when the act was passed, but to the "completely different kind of government"—that is, different from the democracy of the ]—that the ] had brought into existence.<ref>] (2003) '']'' New York: ]. p. 371 {{ISBN|0-14-303469-3}}</ref> | |||
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 ] addresses the state (and sovereignty) in much the same manner as ] does God. | |||
==Nazi Party== | |||
Another year later, Schmitt supported the emergence of ] power structures in his paper "''Die geistesgeschichtliche Lage des heutigen Parlamentarismus''" (roughly: "The Intellectual-Historical Situation of Today's ]", 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 ], in which outcomes are hammered out in smoke-filled rooms by party leaders. Schmitt also posits an essential division between the liberal doctrine of ] and what he holds to be the nature of ] itself, the identity of the rulers and the ruled. Although many critics of Schmitt today take exception to his fundamentally ] outlook, the notion that there is an incompatibility between liberalism and democracy is one reason why his work is of continued interest to students of ]. | |||
{{Fascism sidebar|intellectuals}} | |||
Schmitt joined the ] on 1 May 1933.{{sfn|Koonz|2003|p=58}} Within days, he rejoiced in the burning of "un-German" and "anti-German" material by Jewish authors, and called for a much more extensive purge, to include works by authors even influenced by "Jewish" ideas.{{sfn|Koonz|2003|p=59}} From June 1933, he was in the leadership council of ]'s ] and served as chairman of the Committee for State and Administrative Law.<ref>{{cite book |last= Klee |first= Ernst |title= Das Personenlexikon zum Dritten Reich. Wer war was vor und nach 1945 |publisher= Fischer-Taschenbuch-Verlag |location= Frankfurt-am-Main |year= 2007 |page= 549 |isbn= 978-3-596-16048-8}}</ref> In July, ] appointed him to the ], and in November he became the president of the ]. He also replaced Heller as a professor at the ],{{sfn |Balakrishnan|2000|pp=183–184}} a position he held until the end of ]. He presented his theories as an ideological foundation of the Nazi dictatorship and a justification of the '']'' state concerning legal philosophy, particularly through the concept of '']''.{{Citation needed|date=December 2023}} | |||
In June 1934, Schmitt was appointed editor-in-chief of the Nazi newspaper for lawyers, the ''{{ill|Deutsche Juristen-Zeitung |de}}'' ("German Jurists' Journal").<ref name="facsimile">{{Citation | publisher = Flechsig | title = Deutsche Juristen-Zeitung | url = http://www.flechsig.biz/DJZ34_CS.pdf | language = de | access-date = 20 July 2009 | archive-date = 20 January 2010 | archive-url = https://web.archive.org/web/20100120071127/http://www.flechsig.biz/DJZ34_CS.pdf | url-status = live }}.</ref> In July he published in it "The Leader Protects the Law (''Der Führer schützt das Recht'')", a justification of the political murders of the ] with Hitler's authority as the "highest form of administrative justice (''höchste Form administrativer Justiz'')".<ref name="DJR">''Deutsche Juristen-Zeitung'', 38, 1934; trans. as "The Führer Protects Justice" in Detlev Vagts, ''Carl Schmitt's Ultimate Emergency: The Night of the Long Knives'' (2012) 87(2) ''The Germanic Review'' 203.</ref> Schmitt presented himself as a radical ] and was the chairman of an October 1936 law teachers' convention in Berlin{{sfn|Koonz|2003|p=207}} at which he demanded that German law be cleansed of the "Jewish spirit (''jüdischem Geist'')" and that all Jewish scientists' publications be marked with a small symbol.{{Citation needed|date=December 2023}} | |||
Nevertheless, in December 1936, the '']'' (SS) publication '']'' accused Schmitt of being an opportunist, a Hegelian state thinker, and a Catholic, and called his antisemitism a mere pretense, citing earlier statements in which he criticized the Nazis' racial theories.<ref>{{Cite news|url=https://nationalinterest.org/feature/carl-schmitt%E2%80%99s-war-liberalism-12704|title=Carl Schmitt's War on Liberalism|last=Lind|first=Michael|date=2015-04-23|work=The National Interest|access-date=2018-10-31|language=en|archive-date=31 October 2018|archive-url=https://web.archive.org/web/20181031091208/https://nationalinterest.org/feature/carl-schmitt%E2%80%99s-war-liberalism-12704|url-status=live}}</ref><ref>{{Cite web|url=https://www.thechinastory.org/cot/carl-schmitt-in-china/|title=Carl Schmitt in China|website=The China story|place=]|language=en-AU|access-date=2018-10-31|archive-date=5 October 2018|archive-url=https://web.archive.org/web/20181005230701/https://www.thechinastory.org/cot/carl-schmitt-in-china/|url-status=live}}</ref>{{sfn|Schmitt|2008a|p=xx}} After this, Schmitt resigned as ''Reichsfachgruppenleiter'' (Reich Professional Group Leader) but retained his professorship in Berlin and his title "Prussian State Councillor". Schmitt continued to be investigated into 1937, but Göring stopped further reprisals.<ref name="Bendersky">Bendersky, Joseph, W., ''Theorist For The Reich'', 1983, Princeton, New Jersey</ref><ref name= "Noack">Noack, Paul, Carl Schmitt – Eine Biographie, 1996, Frankfurt</ref> | |||
During the ] a "round-table" of French and German intellectuals met at the ], including Schmitt, the writers ], ], ], and ], and the publisher ].<ref>{{cite book |last= Jünger |first= Ernst|authorlink=Ernst Jünger|title=A German Officer in Occupied Paris|year=2019|publisher=Columbia University Press |location=New York|isbn=978-0-23112740-0|page=xvi}}</ref> | |||
==After World War II== | |||
] | |||
In 1945, American forces captured Schmitt and, after spending more than a year in an internment camp, he returned to his home town of ] and later to the house of his housekeeper Anni Stand in Plettenberg-Pasel. He remained unrepentant for his role in the creation of the Nazi state, and refused every attempt at ], which barred him from academic jobs.{{sfn|Vinx|2019}} Despite being isolated from the mainstream of the scholarly and political community, he continued his studies, especially of ], from the 1950s on, and frequently received visitors, both colleagues and younger intellectuals, well into his old age. Among the visitors were ], ], and ].{{Citation needed|date=December 2023}} | |||
In 1962, Schmitt gave lectures in ], two of which resulted in the publication, the next year, of ''];'' here he characterized the ] as a "war of national liberation" against "international Communism". Schmitt regarded the ] as a specific and significant phenomenon which, during the latter half of the 20th century, indicated the emergence of a new theory of warfare.{{Citation needed|date=December 2023}} | |||
Schmitt and Todorović had a daughter, Anima, who in 1957 married Alfonso Otero Varela (1925–2001), a Spanish law professor at the ] and a member of the ruling ] party in ]. She translated several of her father's works into Spanish. Letters from Schmitt to his son-in-law have been published. Schmitt died on 7 April 1985 and is buried in ].<ref>{{Cite web |date=2021 |title=Carl Schmitt-Erinnerungsorte in Plettenberg |url=https://www.carl-schmitt.de/wp-content/uploads/Erinnerungsorte_neu-3.pdf |archive-url= |archive-date= |access-date=1 October 2024 |website=carl-schmitt.de}}</ref> | |||
==Publications== | |||
===''The Dictatorship''=== | |||
In his essay ''Die Diktatur'' ("The Dictatorship"), he discussed the foundations of the newly established ], emphasising the office of the ]. In this essay, Schmitt compared and contrasted what he saw as the effective and ineffective elements of the new constitution of his country. He saw the office of the president as a comparatively effective element, because of the power granted to the president to declare a ] (''Ausnahmezustand''). This power, which Schmitt discussed and implicitly praised as dictatorial,<ref name="DJR" /> was more in line with the underlying mentality of executive power than the comparatively slow and ineffective processes of legislative power reached through parliamentary discussion and compromise.{{Citation needed|date=December 2023}} | |||
Schmitt was at pains to remove what he saw as a taboo surrounding the concept of "dictatorship" and to show that the concept is implicit whenever power is wielded by means other than the slow processes of parliamentary politics and the bureaucracy:<ref> {{Webarchive|url=https://web.archive.org/web/20130124022722/http://www.hjlenger.de/reader/schmitt%20theologie%20diktatur%20leviathan.pdf |date=2013-01-24 }} § XV p. 11.</ref> | |||
{{blockquote|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.}} | |||
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 "]" 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 ] as the power to ''decide'' to initiate a ], as ] has noted. According to Agamben,{{sfn|Agamben|2005|pp=52–55}} Schmitt's conceptualization of the "state of exception" as belonging to the core-concept of sovereignty was a response to ]'s concept of a "pure" or "revolutionary" violence, which did not 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" ("''Der Führer schützt das Recht''").<ref name="DJR" /> | |||
Schmitt opposed what he termed "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 '']'', by law) to "sovereign dictatorship", in which law was suspended, as in the classical state of exception, not to "save the ]", but rather to create another constitution. This is how he theorized ]'s continual suspension of the legal constitutional order during the ] (the ]'s Constitution was never abrogated, emphasized Giorgio Agamben;<ref>{{harvnb|Agamben|1998|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."</ref> rather, it was "suspended" for four years, first with the 28 February 1933 ], with the suspension renewed every four years, implying a continual state of emergency).{{Citation needed|date=December 2023}} | |||
===''Political Theology'' <!-- Redirected from ] -->=== | |||
''On Dictatorship'' was followed by another essay in 1922, titled ''Politische Theologie'' (]); in it, Schmitt, gave further substance to his authoritarian theories with the now notorious definition: "Sovereign is he who decides on the exception." By "exception", Schmitt means stepping outside the ] under the ] (''Ausnahmezustand'') doctrine he first introduced in ''On Dictatorship'' for the purpose of managing some crisis, which Schmitt defines loosely as "a case of extreme peril, a danger to the existence of the state, or the like." For this reason, the "exception" is understood as a "borderline concept" for Schmitt because it is not within the purview of the normal legal order. Schmitt opposes this definition of sovereignty to those offered by contemporary theorists on the issue, particularly ], whose work is criticized at several points in the essay. The state of exception is a critique of "normativism", a ] concept of law developed by Kelsen of law as the expression of norms that are abstract and generally applicable, in all circumstances.<ref>{{cite book |last=Head |first=Michael |title=Emergency Powers in Theory and Practice: The Long Shadow Carl Schmitt |publisher=Ashgate |page=16}}</ref> | |||
A year later, Schmitt supported the emergence of ] power structures in his paper "''Die geistesgeschichtliche Lage des heutigen Parlamentarismus''" (roughly: "The Intellectual-Historical Situation of Today's Parliamentarianism", translated as '']'' 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 ], in which outcomes are hammered out in ]s by party leaders. Schmitt also posits an essential division between the liberal doctrine of ] and what he holds to be the nature of ] itself, the identity of the rulers and the ruled. Although many critics of Schmitt today, such as ] in his ''The Anatomy of Anti-Liberalism'', take exception to his fundamentally ] outlook, the idea of incompatibility between liberalism and democracy is one reason for the continued interest in his ].<ref>William E. Scheuerman, "Survey Article: Emergency Powers and the Rule of Law after 9/11", '']'', vol. 14, no. 1, 2006, pp. 61–84.</ref> | |||
In chapter 4 of his ''State of Exception'' (2005), Italian philosopher ] argued that Schmitt's ''Political Theology'' ought to be read as a response to ]'s influential essay ''Towards the Critique of Violence''.{{Citation needed|date=December 2023}} | |||
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 ] addresses the state (and sovereignty) in much the same manner as ] does God.{{Citation needed|date=December 2023}} | |||
===''The Concept of the Political''=== | ===''The Concept of the Political''=== | ||
{{Main|The Concept of the Political}} | |||
Schmitt changed universities in 1926, when he became professor for law at the Hochschule für Politik in ], and again in 1932, when he accepted a position in ]. It was in Cologne, too, that he wrote his most famous paper, "''Der Begriff des Politischen''" ("]"), in which he developed a theory of a specific domain of interest, called "the political". This concept gives the state its own area of predominance, just as churches are predominant in religion or society is predominant in economics. 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 offered of 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. | |||
For Schmitt, "the political" is not equal to any other domain, such as the economic (which distinguishes between profitable and not profitable), but instead is the most essential to identity. While churches are predominant in religion or society is predominant in economics, the state is usually predominant in politics. Yet, for Schmitt, the political was not autonomous or 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 ceases to be merely theological when it makes a clear distinction between the "friend" and the "enemy").{{citation needed|date=November 2023}} | |||
He views political concepts and images as inherently contestable. Hegemonic powers seek to control and direct how political concepts are applied for a purpose and to effect an outcome such as making the enemy knowable and, in all cases, intended to manifest the inclusive and exclusive aspects of the social order represented by the political words and symbolism:<ref>{{cite book |last1=Thaler |first1=Mathias |title=Naming Violence: A Critical Theory of Genocide, Torture, and Terrorism |date=2018 |publisher=Columbia University Press |location=New York |page=4}}</ref> | |||
{{quote|All political concepts, images, and terms have a polemical meaning. They are focused on a specific conflict and are bound to a concrete situation; the result (which manifests itself in war or revolution) is a friend–enemy grouping, and they turn into empty and ghostlike abstractions when this situation disappears. Words such as state, republic, society, class, as well as sovereignty, constitutional state, absolutism, dictatorship, economic planning, neutral or total state, and so on, are incomprehensible if one does not know exactly who is to be affected, combated, refuted or negated by such a term.}} | |||
Schmitt, in perhaps his best-known formulation, bases his conceptual realm of state sovereignty and autonomy upon the distinction between ''friend'' and ''enemy''. Schmitt writes:{{sfn|Schmitt|2008a|p=27}} | |||
{{quote|The political enemy need not be morally evil or aesthetically ugly… But he is, nevertheless, the other, the stranger ...}} | |||
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".<ref>{{Cite book |last=Schmitt |first=Carl |url=https://books.google.com/books?id=sUYDQIXSEtoC |title=The Concept of the Political |edition=expanded |date=2008-12-01 |publisher=University of Chicago Press |isbn=978-0-226-73884-0 |pages=27 |language=en}}</ref><ref name=":0">For a good discussion of Schmitt's ideas on this topic, see {{cite journal |first=Charles E. |last=Frye |title=Carl Schmitt's Concept of the Political |journal=] |volume=28 |issue=4 |date=November 1966 |pages=818–830 |publisher=Cambridge University Press |doi=10.2307/2127676 |jstor=2127676}}</ref> 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.<ref>{{Cite thesis |last=Benabdallah |first=Amine |date=2007 |title=Une réception de Carl Schmitt dans l'extrême-gauche: La théologie politique de Giorgio Agamben |type=Master's thesis |url=https://rgdoi.net/10.13140/RG.2.1.2065.4965/1 |publisher=Sciences Po, Paris |language=fr |doi=10.13140/RG.2.1.2065.4965/1}}</ref> In this work, Schmitt makes the distinction between several different types of enemies one may make, stating that political enemies ought to be made out of a legitimate concern for the safety of the state rather than moral intuitions.{{sfn|Schmitt|2008a|p=28}} | |||
The collectivization of friendship and enmity is, for Schmitt, the essence of politics. This theory of politics was influential in the Third Reich where the recognition and eradication of the enemy became a necessary component of the collective national identity. Similar views were shared by other Nazi legal theorists like ].<ref>{{cite book |last= Bartov |first=Omer |title=Mirrors of Destruction: War, Genocide and Modern Identity |date=2000 |page=143}}</ref> 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 "enemy". Additionally, the prominence of the state stands as an arbitrary force dominating potentially fractious civil society, whose various antagonisms must not be allowed to affect politics, lest civil war result.{{citation needed|date=March 2021}} | |||
===''Political Romanticism''=== | |||
Schmitt's ''Political Romanticism'' (1926) contains Schmitt's critique of ] ], which he considers unrealistic for the political arena of the modern era as it only seeks a restoration of the '']'', which Schmitt considers unfeasible. Distancing himself from the tradition of legitimist "restorative conservatives" such as ] or ], Schmitt instead champions the thought of the 19th century Spanish reactionary thinker ], who advocated for a dictatorship.<ref>{{Cite book|title=The Destruction of Reason|last=Lukács|first=György|publisher=Merlin Press|year=1980|orig-year=1952|publication-place=London|chapter=German Sociology of the Imperialist Period|chapter-url=https://edisciplinas.usp.br/pluginfile.php/4179816/mod_resource/content/1/THE%20DESTRUCTION%20OF%20REASON.pdf|translator-last=Palmer|translator-first=Peter R.|access-date=3 December 2023|archive-date=6 April 2023|archive-url=https://web.archive.org/web/20230406203959/https://edisciplinas.usp.br/pluginfile.php/4179816/mod_resource/content/1/THE%20DESTRUCTION%20OF%20REASON.pdf|url-status=live}}</ref> | |||
According to ], this text is both the starting point of Schmitt's advocacy for a ] and his extreme anti-humanism. Lukács quotes Schmitt's comment that Cortes's 'great theoretical significance for the history of counter-revolutionary theory lies in his contempt for human beings knew no bounds; their blind understanding, their feeble wills, the derisory elan of their carnal desires seem so pitiful to him that all the vocabulary of all human languages is not sufficient to express the full baseness of these creatures,' and Lukács writes:<ref>{{Cite book|title=The Destruction of Reason|last=Lukács|first=György|publisher=Merlin Press|year=1980|orig-year=1952|publication-place=London|chapter=Epilogue|chapter-url=https://edisciplinas.usp.br/pluginfile.php/4179816/mod_resource/content/1/THE%20DESTRUCTION%20OF%20REASON.pdf|translator-last=Palmer|translator-first=Peter R.|access-date=3 December 2023|archive-date=6 April 2023|archive-url=https://web.archive.org/web/20230406203959/https://edisciplinas.usp.br/pluginfile.php/4179816/mod_resource/content/1/THE%20DESTRUCTION%20OF%20REASON.pdf|url-status=live}}</ref> | |||
<blockquote>Here we clearly perceive Schmitt's association with all anti-human tendencies, past and present, along with the reason for it in socio-human terms: he is an enemy of the masses grown blind with hatred, a fanatic in the campaign against ''Vermassung'' or mass feeling.</blockquote> | |||
====Dialogue with Leo Strauss==== | |||
Schmitt provided a positive reference for ], and approved his work, which was instrumental in winning Strauss the scholarship funding that allowed him to leave Germany.<ref>''Carl Schmitt and Leo Strauss: the hidden dialogue'', ], University of Chicago Press 1995, 123</ref> In turn, Strauss's critique and clarifications of ''The Concept of the Political'' led Schmitt to make significant emendations in its second edition. Writing to Schmitt during 1932, Strauss summarized Schmitt's political theology thus: "ecause man is by nature evil, he therefore needs ''dominion''. But dominion can be established, that is, men can be unified only in a unity against—against other men. Every association of men is necessarily a separation from other men… the political thus understood is not the constitutive principle of the state, of order, but a condition of the state."<ref>''Carl Schmitt and Leo Strauss: the hidden dialogue'', Heinrich Meier, University of Chicago Press 1995, 125</ref> | |||
=== ''The Leviathan in the State Theory of Thomas Hobbes'' === | |||
''The Leviathan in the State Theory of Thomas Hobbes'', with the subtitle "Meaning and Failure of a Political Symbol", is a 1938 work by Schmitt that revisits one of his most critical theoretical inspirations: ]. Schmitt's work can be described as both a critique and appraisal of the controversial political theorist. This work also contains some of Schmitt's more anti-Semitic language. As contemporary writers on Schmitt have noted, his anti-Semitism may be read as more a kind of "anti-Judaism" as, unlike his Nazi allies, he did not attribute the dangers of Judaism to "biological" reasons but strictly religious ones. This work by Schmitt is also one of the most intimately involved by him with the concept of myth in a political setting.{{Citation needed|date=December 2023}} | |||
The text itself begins with an overview of the religious history of the mythical character "]". Schmitt traces this character as a unique subject of conflicting interpretations in ] doctrines, whereby the Leviathan, understood most pointedly as a "big fish," is occasionally interchangeable with that of a dragon or serpent, which Schmitt remarks have been "protective and benevolent deities"{{sfn|Schmitt|2008b|p=9}} in the history of non-Jewish peoples. But, as Schmitt makes clear, Hobbes' Leviathan is very different from these interpretations, being illustrated firstly in his work '']'' as a "huge man". The Leviathan as a "huge man" is used throughout Hobbes' work as a symbol of the sovereign person. Although the Leviathan is not the only allegory made by Hobbes of the sovereign, which gravitates throughout his work as "a huge man, a huge leviathan, an artificial being, an ''animal artificiale'', an ''automaton'', or a ''machina''".{{sfn|Schmitt|2008b|p=19}} Hobbes' concern was mainly to convey the sovereign person as a frightening creature that could instill fear into those chaotic elements of man that belong to his interpretation of the ].{{Citation needed|date=December 2023}} | |||
Schmitt's critique of Hobbes begins with Hobbes' understanding of the state as a "machine" which is set into motion by the sovereign. This, according to Schmitt, is actually a continuation of ]'s concept of ]. For Hobbes to conceptualize the state as a machine whose soul is the sovereign renders it really as just a mechanic structure, carrying over the cartesian dualism into political theory: "As a totality, the state is body and soul, a ''homo artificialis'', and, as such, a machine. It is a manmade product... the soul thereby becomes a mere component of a machine artificially manufactured by man."{{sfn|Schmitt|2008b|p=34}} Schmitt adds that this technical conception of the state is essential in the modern interpretation of government as a widespread administrative organ.{{efn|1=The concept of the "administrative state" is elaborated by Schmitt in his other works such as ''Legality and Legitimacy'' as a technical interpretation of state activity that is excessively bureaucratic and wherein all disputes of the state can be settled through "more proper" or "more perfect" management.{{sfn|Schmitt|2008b|pp=5–6}}}} Therefore, Schmitt attributes Hobbes' mechanistic and often also a legally positivist interpretation of the state (what is legitimate = what is legal) with the process of political neutralization. This is consistent with Schmitt's larger attitude toward attempts to apply technical principles to political matters.{{Citation needed|date=December 2023}} | |||
Also, Schmitt critiques Hobbes' insistence that belief in miracles must only be outwardly consistent with the position of the state and can, privately, deviate into one's own opinion as to the validity of such "miracles".{{sfn|Schmitt|2008b|p=56}} The belief in miracles was a relevant point in Hobbes' century for kings would regularly "bestow miracles" by touching the hands of those of ill health, supposedly healing them—obviously a consequence of the medieval belief that kings had a divine character. Hobbes' position was that "private reason" may disagree with what the state claims to be a miracle, but the "public reason" must by necessity agree to its position in order to avoid chaos. Schmitt's critique of Hobbes here is twofold. Firstly, Hobbes opens the crack toward a liberal understanding of ] (such as the right to "private reason") which Schmitt was a tireless critique of and, secondly, Hobbes guts the state of any "substantive truth" (such as the genuine belief of the individual, even in private, of the kings ]) and renders the state into now simply a "justifiable external power".{{sfn|Schmitt|2008b|p=56}} This opens up the elementary basis of liberal society which, for Schmitt, was ]. Such a pluralist society lacked ideological homogeneity and nationally bound group identity, both of which were fundamental premises of a democratic society to Schmitt.<ref>{{Cite book|last=Schmitt|first=Carl|title=The Crisis of Parliamentary Democracy|publisher=The MIT Press}}</ref> Despite his critiques, Schmitt, nonetheless, finishes the book with a celebration of Hobbes as a truly magnificent thinker, ranking him along with other theorists he values greatly like ] and ].{{sfn|Schmitt|2008b|pp=83–86}} | |||
===''The Nomos of the Earth''=== | |||
{{Unreferenced section|date=December 2023}} | |||
''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 ] global order, which Schmitt dates from the ], 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 ], 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 ] 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 ], which ultimately replaced the ] as the centre of the Earth and became the arbiter in European and world politics. According to Schmitt, the ]' 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 end of the 19th 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. | |||
===''Hamlet or Hecuba''=== | |||
{{Unreferenced section|date=December 2023}} | |||
Published in 1956, ''Hamlet or Hecuba: The Intrusion of the Time into the Play'' was Schmitt's most extended piece of literary criticism. In it Schmitt focuses his attention on ]'s '']'' and argues that the significance of the work hinges on its ability to integrate history in the form of the taboo of the queen and the deformation of the figure of the avenger. Schmitt uses this interpretation to develop a theory of myth and politics that serves as a cultural foundation for his concept of political representation. Beyond literary criticism or historical analysis, Schmitt's book also reveals a comprehensive theory of the relationship between aesthetics and politics that responds to alternative ideas developed by ] and ]. | |||
===''Theory of the Partisan''=== | |||
{{Main|Theory of the Partisan}} | |||
Schmitt's ''Theory of the Partisan'' originated in two lectures delivered during 1962,{{sfn|Schmitt|2004|page=11}} and has been seen as a rethinking of ''The Concept of the Political''.<ref>{{cite book |first1=Michael|last1=Hoelzl |first2=Graham|last2=Ward |title=Editors' introduction to Political Theology II |publisher=] |year=2008|page=4|isbn=978-0-7456-4254-3}}</ref> It addressed the transformation of war in the post-European age, analysing a specific and significant phenomenon that ushered in a new ] and enmity. It contains an implicit theory of the terrorist, which during the 21st century has resulted in yet another new theory of war and enmity. In the lectures, Schmitt directly tackles the issues surrounding "the problem of the Partisan" figure: the guerrilla or revolutionary who "fights irregularly" (p. 3).<ref>{{Cite web | url=http://www.telospress.com/?main_page=product_info&products_id=318 | title=Telos Press | access-date=19 March 2022 | archive-date=12 February 2022 | archive-url=https://web.archive.org/web/20220212032617/http://www.telospress.com/?main_page=product_info&products_id=318 | url-status=live }}{{Failed verification|date=March 2022|reason=Nothing there.}}</ref> Both because of its scope, with extended discussions on historical figures like ], ], and ], as well as the events marking the beginning of the 20th century, Schmitt's text has had a resurgence of popularity. ], in his ''Politics of Friendship'' remarked:<ref>{{cite book|first=Jacques|last=Derrida|author-link=Jacques Derrida|title=The Politics of Friendship|publisher=Verso|year=1997|page=146|isbn=978-1-84467-054-3}}</ref> | |||
<blockquote> | |||
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. | |||
</blockquote> | |||
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 '']'' of the earth."{{sfn|Schmitt|2004|page=78}} Schmitt's work on the Partisan has since spurred comparisons with the post-9/11 'terrorist' in recent scholarship.<ref>{{Cite journal|doi = 10.1080/14797585.2017.1410991|title = Carl Schmitt's politics in the age of drone strikes: Examining the Schmittian texture of Obama's enemy|year = 2018|last1 = Fairhead|first1 = Edward|journal = Journal for Cultural Research|volume = 22|pages = 39–54|s2cid = 148618541}}</ref> The Italian philosopher ] comments:<ref>{{Cite book|title=Il linguaggio dell'Impero. Lessico dell'ideologia americana|last=Losurdo|first=Domenico|publisher=Edizioni Laterza|year=2007|publication-place=Bari|chapter=Terrorismo|chapter-url=https://www.laterza.it/scheda-libro/?isbn=9788842081}}</ref> | |||
<blockquote>Thus, for Schmitt, the colonized peoples' struggle for national independence, although embracing ever larger sections of the population, becomes synonymous with terrorism, while the actions of the occupying army, foreign and hated by the citizens of the occupied country, are characterized as "counter-terrorist". Of course, the "retaliations" can be very harsh, but - Schmitt observes, referring to ] and ] - we must take into account the "irresistible logic of the old rule according to which insurgents can only be dealt with by insurgent methods." As we see, the main difference between terrorism and counter-terrorism is not a specific behavior (ie. the impact on, or participation of, citizens). It coincides with the border between barbarism and civilization, between East and West. The power that determines who the barbarians are every time also determines who the terrorists are.</blockquote> | |||
===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 ]-led government of the state of ] disputed its dismissal by the right-wing ] government. Papen was motivated to make this move because Prussia, by far the largest state in ], 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 ]. In German history, this struggle leading to the ''de facto'' destruction of federalism in the Weimar republic is known as the "''Preußenschlag''." | |||
==Influence== | ==Influence== | ||
{{Conservatism in Germany|Intellectuals}} | |||
Through ], ] 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 ]; the problem of a "]", etc. | |||
Through ], ], ], ] and other writers, Schmitt has become a common reference in recent writings of the intellectual left as well as the right.<ref>See for example Lebovic, Nitzan (2008), "The Jerusalem School: The Theo-Political Hour", ''New German Critique'' (103), 97–120.</ref> These discussions concern 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 ], the problem of a "]" (later expanded upon by Agamben).<ref>{{Cite web |title=Ine réception de Carl Schmitt dans l'extrême-gauche: La théologie politique de Giorgio Agamben|language=fr|author=Amine Benabdallah|date=June 2007|access-date=2015-04-14 |url=http://fr.slideshare.net/AmineBenabdallah1/la-rception-de-carl-schmitt-par-giorgio-agamben-a-benabdallah|archive-url=https://web.archive.org/web/20150402134127/http://fr.slideshare.net/AmineBenabdallah1/la-rception-de-carl-schmitt-par-giorgio-agamben-a-benabdallah |archive-date=2015-04-02 }}</ref> | |||
Schmitt's argument that political concepts are ''secularized theological concepts'' has also recently been seen as consequential for those interested in contemporary ]. The German-Jewish philosopher ], for example, engaged Schmitt widely in his study of ], ''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.{{Citation needed|date=December 2023}} | |||
Schmitt is described as a "classic of political thought" by ], while in the same article Münkler speaks of his post-war writings as reflecting an "embittered, jealous, occasionally malicious man" ("verbitterten, eifersüchtigen, gelegentlich bösartigen Mann"). Schmitt was termed the "Crown Jurist of the ]" ("Kronjurist des Dritten Reiches") by ].<ref>], Erkenntnis wächst an den Rändern – Der Denker Carl Schmitt beschäftigt auch 20 Jahre nach seinem Tod Rechte wie Linke, in {{Webarchive|url=https://web.archive.org/web/20120118084207/https://www.welt.de/print-welt/article583822/Erkenntnis_waechst_an_den_Raendern.html |date=18 January 2012 }}, 7 April 2005</ref> | |||
According to historian Renato Cristi in the writing of the 1980 ], ] collaborator ] based his work on the ''pouvoir constituant'' concept used by Schmitt (as well as drawing inspiration in the ideas of ] of ]). This way Guzmán would have enabled a framework for a dictatorial state combined with a ] economic system.<ref>{{cite book |publisher=] |title=El pensamiento político de Jaime Guzmán |edition=2nd |url=http://www.lom.cl/330a726e-6617-494e-bae3-7b95b5bb19ae/El-pensamiento-pol%C3%ADtico-de-Jaime-Guzm%C3%A1n-%282%C2%AA-edici%C3%B3n%29.aspx |access-date=10 July 2014 |archive-url=https://web.archive.org/web/20140714145722/http://www.lom.cl/330a726e-6617-494e-bae3-7b95b5bb19ae/El-pensamiento-pol%C3%ADtico-de-Jaime-Guzm%C3%A1n-%282%C2%AA-edici%C3%B3n%29.aspx |archive-date=14 July 2014 |url-status=dead }}</ref> | |||
===Law of emergency powers=== | |||
== Bibliography == | |||
===English translations of Carl Schmitt=== | |||
Note: a complete bibliography of all English translations of Schmitt's books, articles, essays, and correspondence is available . | |||
* ''The Concept of the Political''. ], trans. (University of Chicago Press, 1996; Expanded edition 2006, with an Introduction by Tracy B. Strong). Original publication: 1927, 2nd edn. 1932. | |||
* ''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). | |||
* ''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: 1958. | |||
* ''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. (, 2003). Original publication: 1974. | |||
* ''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. (, 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. | |||
Schmitt's "state of exception" doctrine has enjoyed a revival in the 21st century. Formulated 10 years before the 1933 Nazi takeover of Germany, Schmitt claimed that urgency justified the following:<ref name="Head 14">{{cite book |last=Head |first=Michael |title=Emergency Powers in Theory and Practice: The Long Shadow Carl Schmitt |publisher=Ashgate |page=14}}</ref> | |||
===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 Parlamentarismus'', 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). | |||
#Special executive powers | |||
===Secondary literature=== | |||
#Suspension of the Rule of Law | |||
* ], '']: Sovereign Power and Bare Life'' (1998). | |||
#Derogation of legal and constitutional rights | |||
* ], ''State of Exception'' (2005). | |||
* Gopal Balakrishnan, ''The Enemy'' (2000). Reviewed . | |||
* Eckard Bolsinger, The Autonomy of the Political: Carl Schmitt's and Lenin's Political Realism (2001) | |||
* ], "Force of Law: The 'Mystical Foundation of Authority'," in ''Acts of Religion'' (2002). | |||
* ], ''Politics of Friendship'' (1997). | |||
* ] & ], '']'' (2000). | |||
* ] (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 | |||
* Ignaz Zangerle, "Zur Situation der Kirche," ''Der Brenner'' 14 (1933/34): 52 ff. | |||
Schmitt's doctrine helped clear the way for Hitler's rise to power by providing the theoretical legal foundation of the Nazi regime.<ref name="Head 14"/> | |||
==External links== | |||
{{wikiquote}} | |||
===China=== | |||
* {{PND|11860922X}} | |||
{{Neoauthoritarianism in China|Related ideologies}} | |||
* by Scott Horton ''Balkinization'' 7 November 2005 — discusses the continuing influence of Schmitt's legal theories in modern American politics | |||
{{See also|Neoauthoritarianism (China)}} | |||
* Focus on the in the . Contributions by Louiza Odysseos and Fabio Petito, Robert Howse, Jörg Friedrichs, Christoph Burchard and Thalin Zarmanian. | |||
Some have argued that Schmitt has become an important influence on Chinese political theory in the 21st century, particularly since ] became ] in 2012.<ref>{{cite book |title=Carl Schmitt and Leo Strauss in the Chinese-Speaking World: Reorienting the Political |date=February 22, 2017 |publisher=Lexington Books |isbn=978-1498536264 |editor-last1=Marchal |editor-first1=Kai |location=Lanham, MD |oclc=963359976}}</ref><ref name=":4">{{Cite news|last=Che|first=Chang|date=December 1, 2020|title=The Nazi Inspiring China's Communists|work=]|url=https://www.theatlantic.com/international/archive/2020/12/nazi-china-communists-carl-schmitt/617237/|access-date=December 1, 2020|archive-date=1 December 2020|archive-url=https://web.archive.org/web/20201201204916/https://www.theatlantic.com/international/archive/2020/12/nazi-china-communists-carl-schmitt/617237/|url-status=live}}</ref><ref>{{Cite news |last=Buckley |first=Chris |date=2020-08-02 |title='Clean Up This Mess': The Chinese Thinkers Behind Xi's Hard Line |url=https://www.nytimes.com/2020/08/02/world/asia/china-hong-kong-national-security-law.html |url-status=live |archive-url=https://web.archive.org/web/20200802233234/https://www.nytimes.com/2020/08/02/world/asia/china-hong-kong-national-security-law.html |archive-date=2 August 2020 |access-date=2020-12-01 |work=] |language=en-US |issn=0362-4331}}</ref> Leading Chinese Schmittians include the theologian ], the public policy scholar ],<ref name="Sapio">{{cite web |last=Sapio |first=Flora |date=7 October 2015 |title=Carl Schmitt in China |url=https://www.thechinastory.org/2015/10/carl-schmitt-in-china/ |url-status=dead |archive-url=https://web.archive.org/web/20190729151001/https://www.thechinastory.org/2015/10/carl-schmitt-in-china/ |archive-date=29 July 2019 |access-date=29 July 2019 |website=The China Story}}</ref> and the legal theorist and government adviser ].<ref>{{cite book|last=Xu|first=Jilin|author-link=Xu Jilin|translator-last=Ownby|translator-first=David|year=2018|orig-year=2004–2015|title=Rethinking China's Rise: A Liberal Critique|place=Cambridge|publisher=Cambridge University Press|page=27|isbn=978-1108470759}}</ref> Schmitt's ideas have proved popular and useful instruments in justifying the legitimacy of ] rule.<ref name=":4" /><ref>{{Cite journal |last1=Libin |first1=Xie |last2=Patapan |first2=Haig |date=2020-05-21 |title=Schmitt Fever: The use and abuse of Carl Schmitt in contemporary China |journal=] |language=en |volume=18 |issue=1 |pages=130–146 |doi=10.1093/icon/moaa015 |issn=1474-2640 |doi-access=free|hdl=10072/396618 |hdl-access=free }}</ref> | |||
* ], a journal of politics and critical theory, has published numerous articles both by and about Carl Schmitt, including special sections on Schmitt in issues 72 (Summer 1987), 109 (Fall 1996), 125 (Fall 2002), and 132 (Fall 2005). Telos Press has also published English translations of Schmitt's ''The ''Nomos'' of the Earth'' (2003) and ''Theory of the Partisan'' (2007). | |||
* "World Orders: Confronting Carl Schmitt's ''The'' Nomos ''of the Earth''." A special issue of '''', volume 104, number 2. William Rasch, special issue editor. | |||
The first important wave of Schmitt's reception in China started with Liu's writings at the end of the 1990s.<ref name=":1">{{Cite journal|last=Liu|first=Xiaofeng|date=1998|title=Carl Schmitt and the Predicament of Liberal Constitutionalism|journal=]|volume=47}}</ref> In the context of a transition period, Schmitt was used both by liberal, nationalist and conservative intellectuals to find answers to contemporary issues. In the 21st century, most of them are still concerned with state power and to what extent a strong state is required to tackle China's modernization. Some authors consider Schmitt's works as a weapon against liberalism.<ref name=":2">{{Cite journal|last=Guo|first=Jian|date=2006|title=For the Sake of Fighting the Common Enemy: Schmitt and his Allies|journal=]|volume=94}}</ref> Others think that his theories are helpful for China's development.<ref name="Sapio" /> | |||
* " " by ]. ''Chronicle of Higher Education'', April 2, 2004 | |||
* by Joseph W. Bendersky, ], July 19, 2007. | |||
A critical reception of his use in a Chinese context does also exist.<ref>{{Cite journal|last=Xu|first=Ben|date=2006|title=China Has No Need of Such 'Politics' and 'Decisionism': The Cult of Carl Schmitt and Nationalism|journal=]|volume=94}}</ref><ref name=":3">{{Cite journal|last=Gao|first=Quanxi|date=2006|title=The Issues of Carl Schmitt in the Context of the Chinese Society|journal=]|volume=95}}</ref><ref name=":2" /> These differences go together with different interpretations of Schmitt's relation with fascism. While some scholars regard him as a faithful follower of fascism, others, such as Liu Xiaofeng, consider his support to the Nazi regime only as instrumental and attempt to separate his works from their historical context.<ref name=":1" /> According to them, his real goal is to pave a different and unique way for the modernization of Germany—precisely what makes him interesting for China. Generally speaking, the Chinese reception is ambivalent: quite diverse and dynamic, but also highly ideological.<ref name="Sapio" /><ref>{{Cite journal|last=Qi|first=Zheng|date=2012|title=Carl Schmitt in China|journal=]|volume=2012|issue=160|pages=29–52|doi=10.3817/0912160029|s2cid=219190612}}</ref> Other scholars are cautious when it comes to Schmitt's arguments for state power, considering the danger of totalitarianism, they assume at the same time that state power is necessary for the current transition and that a "dogmatic faith" in liberalism is unsuitable for China.<ref name=":3" /> By emphasizing the danger of social chaos, many of them agree with Schmitt—beyond their differences—on the necessity of a strong state.<ref name="Sapio" /> | |||
=== Other countries === | |||
Among other things, his work is considered to have influenced ] in the United States.<ref name="The Return of Carl Schmitt">Legal justification | |||
* {{Webarchive|url=https://web.archive.org/web/20110927084831/http://balkin.blogspot.com/2008/04/thinking-out-loud-about-john-yoo.html |date=27 September 2011 }} by ], Balkinization, April 12, 2008 | |||
* by Abraham, David, University of Miami – School of Law, University of Miami Legal Studies Research Paper No. 2007 – 20 May 2007 | |||
* by Kutz, Christopher L., ], Berkeley – School of Law (Boalt Hall), UC Berkeley Public Law Research Paper No. 870602, December 2005 | |||
* {{Webarchive|url=https://web.archive.org/web/20110809062947/http://balkin.blogspot.com/2005/11/return-of-carl-schmitt.html |date=9 August 2011 }} Scott Horton, Balkinization, 7 November 2005 | |||
* {{Webarchive|url=https://web.archive.org/web/20080423111429/http://harpers.org/archive/2008/01/hbc-90002226 |date=23 April 2008 }} by Scott Horton, Harpers, 23 January 2008 | |||
* {{Webarchive|url=https://web.archive.org/web/20080513160024/http://mondediplo.com/2006/09/08democracy |date=13 May 2008 }} By Philip S Golub, '']'', September 2006 | |||
* {{Webarchive|url=https://web.archive.org/web/20081210111242/http://www.spiegel.de/international/spiegel/0,1518,259860,00.html |date=10 December 2008 }} by GERHARD SPÖRL, '']'', 4 August 2003</ref> Most notably the legal opinions offered by ], ] et al. by invoking the unitary executive theory to justify the ]'s legally controversial decisions during the ] (such as introducing unlawful combatant status which purportedly would eliminate protection by the ],<ref>War crimes warning | |||
* {{Webarchive|url=https://web.archive.org/web/20170730155351/http://www.newsweek.com/memos-reveal-war-crimes-warnings-128415 |date=30 July 2017 }} By Michael Isikoff, '']'', 19 May 2004 | |||
* {{Webarchive|url=https://web.archive.org/web/20180724184844/https://www.thenation.com/article/torture-and-accountability/ |date=24 July 2018 }} by Elizabeth Holtzman, ''The Nation'', 28 June 2005 | |||
* {{Webarchive|url=https://web.archive.org/web/20171020024337/https://www.globalpolicy.org/component/content/article/167/35748.html |date=20 October 2017 }} By Grant McCool, Lawyers Against the War, ], 28 January 2003</ref> the ], the ]'s ] and various excesses of the ]) mimic his writings.<ref name="The Return of Carl Schmitt" /> Professor David Luban points out that the American legal database Lexis.com has five references to Schmitt in the period between 1980 and 1990, 114 between 1990 and 2000, and 420 between 2000 and 2010, with almost twice as many in the last five years of the 2000s decade as the first five.<ref name="Luban">David Luban, "Carl Schmitt and the Critique of Lawfare", ''Georgetown Public Law and Legal Theory {{Webarchive|url=https://web.archive.org/web/20110501144747/http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1797904 |date=1 May 2011 }}'', s. 10</ref> | |||
Several scholars have noted the influence of Carl Schmitt on ] and Russia, specifically in defence of illiberal norms and exercising power, such as in disputes with Ukraine.<ref>{{Cite web|title=David Lewis on Carl Schmitt and Russian conservatism|url=https://www.illiberalism.org/interview-with-david-lewis/|access-date=2022-02-12|website=illiberalism.org|archive-date=12 February 2022|archive-url=https://web.archive.org/web/20220212092645/https://www.illiberalism.org/interview-with-david-lewis/|url-status=live}}</ref><ref>{{cite journal|last=Auer|first=Stefan|title=Carl Schmitt in the Kremlin: the Ukraine crisis and the return of geopolitics|date=September 2015|journal=]|volume=91|issue=5|pages=953–968|doi=10.1111/1468-2346.12392}}</ref><ref> {{Webarchive|url=https://web.archive.org/web/20220327170150/https://www.martenscentre.eu/news/vital-questions-on-the-ukraine-crisis/ |date=27 March 2022 }} by ] and Michael Benhamou, ], 23 February 2022</ref><ref> {{Webarchive|url=https://web.archive.org/web/20220319133845/https://ucleuropeblog.com/2022/02/28/ucl-analyses-of-russias-war-on-ukraine/#anchor11 |date=19 March 2022 }} by ], ] European Institute, 28 February 2022</ref><ref>{{Cite web |last=Piccoli |first=Erik |date=January 23, 2024 |title=Carl Schmitt and the Putin Regime |url=https://www.illiberalism.org/carl-schmitt-and-the-putin-regime/ |website=Illiberalism Studies Program}}</ref> ] has asserted that Schmitt's work has greatly influenced ] philosophy in Russia by revealing a counter to the liberal order.<ref>{{cite journal|url=http://www.nybooks.com/articles/archives/2014/mar/20/fascism-russia-and-ukraine/|title=Fascism, Russia, and Ukraine|last=Snyder|first=Timothy|date=20 March 2014|journal=]|volume=61 |issue=5 |access-date=5 September 2014|archive-date=27 January 2016|archive-url=https://web.archive.org/web/20160127154227/https://nybooks.com/articles/2014/03/20/fascism-russia-and-ukraine/|url-status=live}}</ref> Nomma Zarubina, who had been accused<ref>{{cite news |url=https://www.independent.co.uk/news/world/americas/nomma-zarubina-suspect-russian-fsb-agent-arrested-b2658370.html |archive-url=https://ghostarchive.org/archive/HGaLA |archive-date=10 December 2024 |url-access=subscription |url-status=live |title=Accused Russian operative says she has always been ‘honest’ to the FBI except for the two times she wasn’t |last=Rohrlich |first=Justin |date=4 December 2024 |work=The Independent |access-date=10 December 2024 |location=London}}</ref> by the ] of being a secret operative of Russia’s ], said in an interview<ref>{{cite news |url=https://echofm.online/programs/without-intermediaries/bez-posrednikov-4 |archive-url=https://ghostarchive.org/archive/Po4IS |archive-date=10 December 2024 |url-status=live |title=Интервью с Номмой Зарубиной, обвинённой в США в сотрудничестве с российскими спецслужбами |last=Венедиктов |first=Алексей |date=4 December 2024 |work=ECHO |access-date=10 December 2024 |location=Berlin}}</ref> that her father named her "Nomma" after Carl Schmitt's "The Nomos of the Earth" work. | |||
==Works== | |||
{{main article|Carl Schmitt bibliography}} | |||
Some of Schmitt's major works are: | |||
* '']'' (1922) | |||
* '']'' (1923) | |||
* '']'' (1932) | |||
* ''{{ill|Die Wendung zum diskriminierenden Kriegsbegriff|de}}'' (1938) | |||
* '']'' (1942) | |||
* '']'' (1950) | |||
* '']'' (1950) | |||
* '']'' (1956) | |||
* '']'' (1963) | |||
* '']'' (1970) | |||
==See also== | |||
* '']'' | |||
* ] | |||
==References== | ==References== | ||
===Notes=== | |||
{{reflist}} | |||
{{Notelist}} | |||
===Citations=== | |||
{{Reflist}} | |||
===Bibliography=== | |||
* {{cite book|last=Agamben|first=Giorgio|author-link=Giorgio Agamben|title=Homo Sacer: Sovereign Power and Bare Life|year=1998|publisher=Stanford University Press|isbn=0-8047-3218-3}} | |||
* {{cite book|last=Agamben|first=Giorgio|title=State of Exception|year=2005|publisher=University of Chicago Press|isbn=0-226-00924-6 }} | |||
* {{cite book|last=Balakrishnan|first=Gopal|author-link=Gopal Balakrishnan|title=The Enemy – An Intellectual Portrait of Carl Schmitt|year=2000|publisher=Verso|isbn=1-85984-760-9}} Reviewed | |||
* {{cite book|last=Koonz|first=Claudia|author-link=Claudia Koonz|title=The Nazi Conscience|year=2003|publisher=Harvard University Press|isbn=0-674-01172-4}} | |||
* {{cite journal|last=Schmitt|first=Carl|year=2004|title=Theory of the Partisan: Intermediate Commentary on the Concept of the Political (1963)|journal=]|issue=127|page=11}} | |||
* {{Cite book | last=Schmitt | first=Carl | title=The Concept of the Political | title-link = The Concept of the Political | edition=expanded | publisher=University of Chicago Press | location=Chicago | year=2008a | isbn = 978-0-22-6738840}} | |||
* {{Cite book|last=Schmitt|first=Carl|title=The Leviathan in the State Theory of Thomas Hobbes|publisher=The University of Chicago Press|year=2008b}} | |||
* {{cite SEP|url-id=schmitt|title=Carl Schmitt|last=Vinx|first=Lars|date=29 August 2019}} | |||
==Further reading== | |||
{{div col|colwidth=45em}} | |||
* Giacomo Maria Arrigo, '''', ''In Circolo'' 4 (2017). | |||
* Jeffrey Andrew Barash, ''Politiques de l'histoire. L'historicisme comme promesse et comme mythe'' (2004) | |||
* Eckard Bolsinger, ''The Autonomy of the Political: Carl Schmitt's and Lenin's Political Realism'' (2001) | |||
* {{cite book | author=Brunila, Tuukka | title=The Autonomy of the Political and the Authority of the State: Carl Schmitt and the de-politicisation of the economy | publisher=University of Helsinki | year=2022 | isbn=978-951-51-7089-7 | type=Ph.D. thesis | url=http://urn.fi/URN:ISBN:978-951-51-7090-3 }} | |||
* Caldwell, Peter C. "Controversies over Carl Schmitt: a review of recent literature". '']'' (2005), vol. 77, no. 2, pp. 357–387. | |||
* Renato Cristi, ''Carl Schmitt and Authoritarian Liberalism'' (1998) | |||
* Mariano Croce, Andrea Salvatore, ''The Legal Theory of Carl Schmitt'' (Abingdon: Routledge, 2012) {{ISBN|978-0-415-68349-4}}. | |||
* ], "Force of Law: The 'Mystical Foundation of Authority'", in ''Acts of Religion'' (2002). | |||
* {{ill|Carlo Galli (politician)|it|Carlo Galli (politico)|lt=Carlo Galli}}, "''Hamlet'': Representation and the Concrete" (translated from Italian by Adam Sitze and Amanda Minervini) in '''', ed. ] and Graham Hammill, University of Chicago Press, 2011 | |||
* Garrard, Graeme, "Joseph de Maistre and Carl Schmitt" in '']'', ed. R. A. Lebrun (McGill-Queen's University Press, 2001). {{ISBN|978-0-7735-2288-6}} | |||
* Gross, Raphael. Carl Schmitt and the Jews. The "Jewish Question," the Holocaust, and German Legal Theory. Translated by Joel Golb. Foreword by Peter C. Caldwell. Madison, University of Wisconsin Press, 2007. {{ISBN|978-0-299-22240-6}} | |||
* ], ''Carl Schmitt: Politics and Theory'' (New York: Greenwood Press, 1990) {{ISBN|0-313-27209-3}} | |||
* ] & ], '']'' (2000). | |||
* Julia Hell, "Katechon: Carl Schmitt's Imperial Theology and the Ruins of the Future", ''The Germanic Review'' 84:4 (2009): 283–326. | |||
* Herrero, Montserrat. 2015. ''The political discourse of Carl Schmitt.'' Lanham, Maryland: Rowman & Littlefield. | |||
* William Hooker, ''Carl Schmitt's International Thought: Order and Orientation'' (Cambridge: Cambridge University Press, 2009) {{ISBN|978-0-521-11542-1}} | |||
* {{cite journal|last=Jeutner|first=Valentin|date=2019|title=Pirates in Suits: Carl Schmitt, 'Ordinary Businessmen' and Crimes of Aggression|journal=]|volume=88|issue=3|pages=459–487|doi=10.1163/15718107-08803004|s2cid=150536319|ref=none|doi-access=free}} | |||
* Lena Lindgren, (Review of the Swedish edition ''Det politiska som begrepp'', Sociologisk Forskning 2011:3, pp. 114–116; translated into English) | |||
* ], "" (London & New York: Continuum, 2010). | |||
* ]: ]. München: Verlag C.H. Beck, 2009. {{ISBN|978-3-406-59224-9}}. | |||
* ]: ''The Lesson of Carl Schmitt: Four Chapters on the Distinction between Political Theology and Political Philosophy''. University of Chicago Press, 2011. {{ISBN|978-0-226-51886-2}}. | |||
* ] and Oliver Simons, eds. ''].'' Oxford University Press, 2017. {{ISBN| 978-0-199-91693-1}} | |||
* Ojakangas Mika, ''A Philosophy of Concrete Life: Carl Schmitt and the political thought of late modernity'' (2nd ed Peter Lang, 2006), {{ISBN|3-03910-963-4}} | |||
* {{cite journal|last=Mitchell|first=Ryan Martinez|url=https://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1246&context=jlia|title=Chinese Receptions of Carl Schmitt Since 1929|journal=Penn State Journal of Law & International Affairs|volume=8|issue=1|date=May 2020|ref=none}} | |||
* {{cite book|last=Mouffe|first=Chntal|author-link=Chantal Mouffe|url=https://books.google.com/books?id=8yIEQ1RPGx8C|title=The Challenge of Carl Schmitt|location=London; New York|publisher=Verso|year=1999|series=Phronesis (Londyn)|isbn=9781859847046|oclc=864875284|pages=VI, 212|ref=none}} | |||
* Müller, Ingo (1991). ''Hitler's Justice: The Courts of the Third Reich''. Translated by Deborah Lucas Schneider. Cambridge (Mass.): Harvard University Press. {{ISBN|0-674-40419-X}} | |||
* {{cite journal|last=Reinhardt|first=Jackson T.|url=http://www.inquiriesjournal.com/articles/1784/totalitarian-friendship-carl-schmitt-in-contemporary-china|title=Totalitarian Friendship: Carl Schmitt in Contemporary China|journal=Inquiries|year=2020|volume=12|issue=7|page=1|ref=none}} | |||
* Gabriella Slomp, ''Carl Schmitt and the Politics of Hostility, Violence and Terror'' (New York: Palgrave Macmillan, 2009) {{ISBN|978-0-230-00251-7}} | |||
* ], ''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|3-596-11341-5}}). | |||
* ] 72, "Carl Schmitt: Enemy or Foe?" New York: Telos Press, Summer 1987. | |||
* ''Telos'' 109, "Carl Schmitt Now". New York: Telos Press, Fall 1996. | |||
* ''Telos'' 125, "Carl Schmitt and Donoso Cortés". New York: Telos Press, Fall 2002. | |||
* ''Telos'' 132, "Special edition on Carl Schmitt". New York: Telos Press, Fall 2005. | |||
* ''Telos'' 142, "Culture and Politics in Carl Schmitt". New York: Telos Press, Spring 2008. | |||
* ''Telos'' 147, "Carl Schmitt and the Event". New York: Telos Press, Summer 2009. | |||
* ''Telos'' 153, "Special issue on Carl Schmitt's ''Hamlet or Hecuba''". New York: Telos Press, Winter 2010. | |||
* ], ''The Dual State and the Sovereign: A Schmittian Approach to Western Politics'', Challenge Second Annual Report to the European Commission 2006 (7.3.3 Work package 3 – Deliverable No. 32), Challenge, Brussels | |||
* Johannes, Türk. "The Intrusion: Carl Schmitt's Non-Mimetic Logic of Art". ] 142 (2008): 73–89. | |||
* Francesco Tigani. "Fra immaginazione e realtà: dalla critica del Romanticismo alla teologia politica negli scritti di Thomas Ernest Hulme e Carl Schmitt", ''Información Filosófica'', XIII (2016), pp. 91–110. | |||
* Francesco Tigani. ''Le ceneri del politico in due capitoli: il teologo e l'erostrato'' (Milano: Meltemi, 2019). {{EAN|9788855190589}} | |||
* ], , in: Arthur Versluis, ''The New Inquisitions: Heretic-Hunting and the Intellectual Origins of Modern Totalitarianism'', Oxford University Press, 2006. | |||
* Ignaz Zangerle, "Zur Situation der Kirche", ''Der Brenner'' 14 (1933/34): 52 ff. | |||
* {{cite web|url= http://www.ilcovile.it/scritti/Quaderni%20del%20Covile%20n.4%20-%20Indagini%20su%20Epimeteo%20tra%20Ivan%20Illich,%20Konrad%20Weiss%20e%20Carl%20Schmitt.pdf|title=Indagini su Epimeteo tra Ivan Illich, Konrad Weiss e Carl Schmitt|year= 2008|publisher=]|access-date =28 February 2013|language=it}} | |||
{{div col end}} | |||
*]. “Carl Schmitt, Political Existentialism, and the Total State.” Theory and Society 19, no. 4 (1990): 389–416. http://www.jstor.org/stable/657796. | |||
*Wolin, Richard. “Carl Schmitt: The Conservative Revolutionary Habitus and the Aesthetics of Horror.” Political Theory 20, no. 3 (1992): 424–47. http://www.jstor.org/stable/192186. | |||
==External links== | |||
{{Sister project links|s=no|wikt=no|v=no|n=no}} | |||
{{Library resources box|by=yes|onlinebooks=yes|about=yes|wikititle=Carl Schmitt}} | |||
* {{In lang|de}} | |||
* | |||
* {{sep entry|schmitt|Carl Schmitt|Lars Vinx}} | |||
* {{Internet Archive author|sname=Carl Schmitt}} | |||
* {{PM20|FID=pe/015710}} | |||
{{Carl Schmitt}} | |||
<!-- Metadata: see ] --> | |||
{{navboxes | |||
{{Persondata | |||
| |
|title=Articles related to Carl Schmitt | ||
|list= | |||
|ALTERNATIVE NAMES= | |||
{{Jurisprudence}} | |||
|SHORT DESCRIPTION=] jurist, ], and professor of law | |||
{{continental philosophy}} | |||
|DATE OF BIRTH=] ] | |||
{{Political philosophy}} | |||
|PLACE OF BIRTH=], ] | |||
{{Conservatism footer}} | |||
|DATE OF DEATH=] ] | |||
{{Conservative Revolution}} | |||
|PLACE OF DEATH= | |||
}} | }} | ||
{{Authority control}} | |||
{{DEFAULTSORT:Schmitt, Carl}} | |||
{{Portal bar|Biography|Conservatism|Law}} | |||
{{Use Oxford spelling|date=May 2024}} | |||
{{DEFAULTSORT:Schmitt, Carl}} | |||
] | |||
] | ] | ||
] | ] | ||
] | ] | ||
] | ] | ||
] | ] | ||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | ] | ||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | ] | ||
] | |||
] | |||
] | ] | ||
] | ] | ||
] | |||
{{Philosophy navigation}} | |||
<!--Other languages--> | |||
{{Link FA|ro}} | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] | |||
] |
Latest revision as of 01:42, 10 December 2024
German jurist and political theorist (1888–1985) This article is about the German jurist and political theorist. For the American artist, see Carl Schmitt (artist). For New Zealand violinist and composer, see Carl Schmitt (composer). For people with a similar name, see Carl Schmidt.
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Find sources: "Carl Schmitt" – news · newspapers · books · scholar · JSTOR (February 2024) (Learn how and when to remove this message) |
Carl Schmitt | |
---|---|
Schmitt in 1932 | |
Born | (1888-07-11)11 July 1888 Plettenberg, Prussia, German Empire |
Died | 7 April 1985(1985-04-07) (aged 96) Plettenberg, North Rhine-Westphalia, West Germany |
Other names | "Crown Jurist of the Third Reich" (Nickname) |
Education | |
Era | 20th-century philosophy |
Region | Western philosophy |
School | |
Institutions |
|
Main interests | |
Notable ideas | |
Carl Schmitt (11 July 1888 – 7 April 1985) was a German jurist, political theorist, and prominent member of the Nazi Party.
Born in Plettenberg in 1888, Schmitt studied law in Berlin, Munich, and Strasbourg. In 1916, he married his first wife, Pavla Dorotić, but divorced her after realizing that she had pretended to be a countess. Schmitt was Catholic but broke with the church in the 1920s. He married Duška Todorović in 1926. During this time, he taught in Greifswald, Bonn, and Munich and published Dictatorship and Political Theology. Schmitt taught in Cologne in 1932, published The Concept of the Political, and supported the Papen government in Prussia v. Reich. After the appointment of Adolf Hitler as chancellor in 1933, Schmitt joined the Nazi Party. He was an active jurist, a member of the Prussian State Council, and a professor in Berlin. In 1936 Schmitt was forced to resign his political role when the SS targeted him, but Hermann Göring protected him. After the Second World War ended, Schmitt spent over a year in an internment camp and returned to Plettenberg. He refused denazification, which barred him from academic positions. However, he continued his studies and frequently received scholarly visitors. In 1963, he published the Theory of the Partisan. Schmitt died on 7 April 1985 at the age of 96.
Schmitt wrote extensively about the effective wielding of political power. An authoritarian conservative theorist, he is noted as a critic of parliamentary democracy, liberalism, and cosmopolitanism. His works cover political theory, legal theory, continental philosophy, and political theology. However, they are controversial, mainly due to his intellectual support for and active involvement with Nazism. According to the Stanford Encyclopedia of Philosophy, "Schmitt was an acute observer and analyst of the weaknesses of liberal constitutionalism and liberal cosmopolitanism. But there can be little doubt that his preferred cure turned out to be infinitely worse than the disease."
Early life
Schmitt was born in Plettenberg, Westphalia, German Empire. His parents were Roman Catholics from the German Eifel region who had settled in Plettenberg. His father was a minor businessman. Schmitt studied law at the Universities of Berlin, Munich, and Strasbourg, and took his graduation and state examinations in then-German Strasbourg in 1915. His 1910 doctoral thesis was titled Über Schuld und Schuldarten (On Guilt and Types of Guilt).
Schmitt volunteered for the army in 1916. The same year, he earned his habilitation at Strasbourg with a thesis under the title Der Wert des Staates und die Bedeutung des Einzelnen (The Value of the State and the Significance of the Individual). He then taught at various business schools and universities, namely the University of Greifswald (1921), the University of Bonn (1921), the Technical University of Munich (1928), the University of Cologne (1933), and the University of Berlin (1933–1945).
In 1916, Schmitt married his first wife, Pavla Dorotić, a Croatian woman who pretended to be a countess. They divorced, but no annulment was granted by a Catholic tribunal, so his 1926 marriage to Duška Todorović (1903–1950), a Serbian woman, was not deemed valid under Catholic law.
As a young man, Schmitt was "a devoted Catholic until his break with the church in the mid twenties". From around the end of the First World War, he began to describe his Catholicism as "displaced" and "de-totalised".
Academic career
In 1921, Schmitt became a professor at the University of Greifswald, where he published his essay Die Diktatur (on dictatorship).
In 1922 he published Politische Theologie (Political Theology) while working as a professor at the University of Bonn. Schmitt changed universities in 1926, when he became professor of law at the Handelshochschule in Berlin, and again in 1932, when he accepted a position in Cologne. His most famous paper, "Der Begriff des Politischen" ("The Concept of the Political"), was based on lectures at the Deutsche Hochschule für Politik in Berlin.
In 1932, Schmitt was counsel for the Reich government in the case Preussen contra Reich (Prussia vs. Reich), in which the SPD-controlled government of the state of Prussia disputed its dismissal by the right-wing Reich government of Franz von Papen. Papen was motivated to do so because Prussia, by far the largest state in Germany, served as a powerful base for the political left and provided it with institutional power, particularly in the form of the Prussian police. Schmitt, Carl Bilfinger, and Erwin Jacobi represented the Reich and one of the counsel for the Prussian government was Hermann Heller. The court ruled in October 1932 that the Prussian government had been suspended unlawfully but that the Reich had the right to install a commissar. In German history, the struggle resulting in the de facto destruction of federalism in the Weimar republic is known as the Preußenschlag.
Hitler's seizure of control
Main article: Adolf Hitler's rise to power § Seizure of control (1931–1933)Schmitt remarked on 31 January 1933 that with Adolf Hitler's appointment as Chancellor, "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 but 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.
The Nazis forced the passage of the Enabling Act of 1933 in March, which changed the Weimar Constitution to allow the "present government" to rule by decree, bypassing both the President, Paul von Hindenburg, and the Reichstag.
Alfred Hugenberg, the leader of the German National People's Party, one of the Nazis' partners in the coalition government that was being squeezed out of existence, hoped to slow the Nazi takeover of the country by threatening to quit his cabinet position. Hugenberg reasoned that by doing so, the government would be changed, and the Enabling Act would no longer apply, as the "present government" would no longer exist. A legal opinion by Schmitt prevented this manoeuvre from succeeding. Well known at the time as a constitutional theorist, Schmitt declared that "present government" did not refer to the cabinet's makeup when the act was passed, but to the "completely different kind of government"—that is, different from the democracy of the Weimar Republic—that the Hitler cabinet had brought into existence.
Nazi Party
Schmitt joined the Nazi Party on 1 May 1933. Within days, he rejoiced in the burning of "un-German" and "anti-German" material by Jewish authors, and called for a much more extensive purge, to include works by authors even influenced by "Jewish" ideas. From June 1933, he was in the leadership council of Hans Frank's Academy for German Law and served as chairman of the Committee for State and Administrative Law. In July, Hermann Göring appointed him to the Prussian State Council, and in November he became the president of the Association of National Socialist German Jurists. He also replaced Heller as a professor at the University of Berlin, a position he held until the end of World War II. He presented his theories as an ideological foundation of the Nazi dictatorship and a justification of the Führer state concerning legal philosophy, particularly through the concept of auctoritas.
In June 1934, Schmitt was appointed editor-in-chief of the Nazi newspaper for lawyers, the Deutsche Juristen-Zeitung [de] ("German Jurists' Journal"). In July he published in it "The Leader Protects the Law (Der Führer schützt das Recht)", a justification of the political murders of the Night of the Long Knives with Hitler's authority as the "highest form of administrative justice (höchste Form administrativer Justiz)". Schmitt presented himself as a radical antisemite and was the chairman of an October 1936 law teachers' convention in Berlin at which he demanded that German law be cleansed of the "Jewish spirit (jüdischem Geist)" and that all Jewish scientists' publications be marked with a small symbol.
Nevertheless, in December 1936, the Schutzstaffel (SS) publication Das Schwarze Korps accused Schmitt of being an opportunist, a Hegelian state thinker, and a Catholic, and called his antisemitism a mere pretense, citing earlier statements in which he criticized the Nazis' racial theories. After this, Schmitt resigned as Reichsfachgruppenleiter (Reich Professional Group Leader) but retained his professorship in Berlin and his title "Prussian State Councillor". Schmitt continued to be investigated into 1937, but Göring stopped further reprisals.
During the German occupation of Paris a "round-table" of French and German intellectuals met at the Georges V Hotel, including Schmitt, the writers Ernst Jünger, Paul Morand, Jean Cocteau, and Henry de Montherlant, and the publisher Gaston Gallimard.
After World War II
In 1945, American forces captured Schmitt and, after spending more than a year in an internment camp, he returned to his home town of Plettenberg and later to the house of his housekeeper Anni Stand in Plettenberg-Pasel. He remained unrepentant for his role in the creation of the Nazi state, and refused every attempt at denazification, which barred him from academic jobs. 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 frequently received visitors, both colleagues and younger intellectuals, well into his old age. Among the visitors were Ernst Jünger, Jacob Taubes, and Alexandre Kojève.
In 1962, Schmitt gave lectures in Francoist Spain, two of which resulted in the publication, the next year, of Theory of the Partisan; here he characterized the Spanish Civil War as a "war of national liberation" against "international Communism". Schmitt regarded the partisan as a specific and significant phenomenon which, during the latter half of the 20th century, indicated the emergence of a new theory of warfare.
Schmitt and Todorović had a daughter, Anima, who in 1957 married Alfonso Otero Varela (1925–2001), a Spanish law professor at the University of Santiago de Compostela and a member of the ruling FET y de las JONS party in Francoist Spain. She translated several of her father's works into Spanish. Letters from Schmitt to his son-in-law have been published. Schmitt died on 7 April 1985 and is buried in Plettenberg.
Publications
The Dictatorship
In his essay Die Diktatur ("The Dictatorship"), he discussed the foundations of the newly established Weimar Republic, emphasising the office of the President of Germany. In this essay, Schmitt compared and contrasted what he saw as the effective and ineffective elements of the new constitution of his country. He saw the office of the president as a comparatively effective element, because of the power granted to the president to declare a state of exception (Ausnahmezustand). This power, which Schmitt discussed and implicitly praised as dictatorial, was more in line with the underlying mentality of executive power than the comparatively slow and ineffective processes of legislative 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 the concept is implicit whenever power is wielded by means other than 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.
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 to initiate a state of exception, as Giorgio Agamben has noted. According to Agamben, 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 did not 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" ("Der Führer schützt das Recht").
Schmitt opposed what he termed "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 Adolf Hitler's continual suspension of the legal constitutional order during the Third Reich (the Weimar Republic's Constitution was never abrogated, emphasized Giorgio Agamben; rather, it was "suspended" for four years, first with the 28 February 1933 Reichstag Fire Decree, with the suspension renewed every four years, implying a continual state of emergency).
Political Theology
On Dictatorship was followed by another essay in 1922, titled Politische Theologie (political theology); in it, Schmitt, gave further substance to his authoritarian theories with the now notorious definition: "Sovereign is he who decides on the exception." By "exception", Schmitt means stepping outside the rule of law under the state of exception (Ausnahmezustand) doctrine he first introduced in On Dictatorship for the purpose of managing some crisis, which Schmitt defines loosely as "a case of extreme peril, a danger to the existence of the state, or the like." For this reason, the "exception" is understood as a "borderline concept" for Schmitt because it is not within the purview of the normal legal order. Schmitt opposes this definition of sovereignty to those offered by contemporary theorists on the issue, particularly Hans Kelsen, whose work is criticized at several points in the essay. The state of exception is a critique of "normativism", a positivist concept of law developed by Kelsen of law as the expression of norms that are abstract and generally applicable, in all circumstances.
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 The 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.
In chapter 4 of his State of Exception (2005), Italian philosopher Giorgio Agamben argued that Schmitt's Political Theology ought to be read as a response to Walter Benjamin's influential essay Towards the Critique of Violence.
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.
The Concept of the Political
Main article: The Concept of the PoliticalFor Schmitt, "the political" is not equal to any other domain, such as the economic (which distinguishes between profitable and not profitable), but instead is the most essential to identity. While churches are predominant in religion or society is predominant in economics, the state is usually predominant in politics. Yet, for Schmitt, the political was not autonomous or 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 ceases to be merely theological when it makes a clear distinction between the "friend" and the "enemy").
He views political concepts and images as inherently contestable. Hegemonic powers seek to control and direct how political concepts are applied for a purpose and to effect an outcome such as making the enemy knowable and, in all cases, intended to manifest the inclusive and exclusive aspects of the social order represented by the political words and symbolism:
All political concepts, images, and terms have a polemical meaning. They are focused on a specific conflict and are bound to a concrete situation; the result (which manifests itself in war or revolution) is a friend–enemy grouping, and they turn into empty and ghostlike abstractions when this situation disappears. Words such as state, republic, society, class, as well as sovereignty, constitutional state, absolutism, dictatorship, economic planning, neutral or total state, and so on, are incomprehensible if one does not know exactly who is to be affected, combated, refuted or negated by such a term.
Schmitt, in perhaps his best-known formulation, bases his conceptual realm of state sovereignty and autonomy upon the distinction between friend and enemy. Schmitt writes:
The political enemy need not be morally evil or aesthetically ugly… But he is, nevertheless, the other, the stranger ...
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". 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. In this work, Schmitt makes the distinction between several different types of enemies one may make, stating that political enemies ought to be made out of a legitimate concern for the safety of the state rather than moral intuitions.
The collectivization of friendship and enmity is, for Schmitt, the essence of politics. This theory of politics was influential in the Third Reich where the recognition and eradication of the enemy became a necessary component of the collective national identity. Similar views were shared by other Nazi legal theorists like Werner Best. 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 "enemy". Additionally, the prominence of the state stands as an arbitrary force dominating potentially fractious civil society, whose various antagonisms must not be allowed to affect politics, lest civil war result.
Political Romanticism
Schmitt's Political Romanticism (1926) contains Schmitt's critique of Romantic conservatism, which he considers unrealistic for the political arena of the modern era as it only seeks a restoration of the ancien régime, which Schmitt considers unfeasible. Distancing himself from the tradition of legitimist "restorative conservatives" such as Adam Müller or Joseph de Maistre, Schmitt instead champions the thought of the 19th century Spanish reactionary thinker Juan Donoso Cortés, who advocated for a dictatorship.
According to György Lukács, this text is both the starting point of Schmitt's advocacy for a politics of realism and his extreme anti-humanism. Lukács quotes Schmitt's comment that Cortes's 'great theoretical significance for the history of counter-revolutionary theory lies in his contempt for human beings knew no bounds; their blind understanding, their feeble wills, the derisory elan of their carnal desires seem so pitiful to him that all the vocabulary of all human languages is not sufficient to express the full baseness of these creatures,' and Lukács writes:
Here we clearly perceive Schmitt's association with all anti-human tendencies, past and present, along with the reason for it in socio-human terms: he is an enemy of the masses grown blind with hatred, a fanatic in the campaign against Vermassung or mass feeling.
Dialogue with Leo Strauss
Schmitt provided a positive reference for Leo Strauss, and approved his work, which was instrumental in winning Strauss the scholarship funding that allowed him to leave Germany. In turn, Strauss's critique and clarifications of The Concept of the Political led Schmitt to make significant emendations in its second edition. Writing to Schmitt during 1932, Strauss summarized Schmitt's political theology thus: "ecause man is by nature evil, he therefore needs dominion. But dominion can be established, that is, men can be unified only in a unity against—against other men. Every association of men is necessarily a separation from other men… the political thus understood is not the constitutive principle of the state, of order, but a condition of the state."
The Leviathan in the State Theory of Thomas Hobbes
The Leviathan in the State Theory of Thomas Hobbes, with the subtitle "Meaning and Failure of a Political Symbol", is a 1938 work by Schmitt that revisits one of his most critical theoretical inspirations: Thomas Hobbes. Schmitt's work can be described as both a critique and appraisal of the controversial political theorist. This work also contains some of Schmitt's more anti-Semitic language. As contemporary writers on Schmitt have noted, his anti-Semitism may be read as more a kind of "anti-Judaism" as, unlike his Nazi allies, he did not attribute the dangers of Judaism to "biological" reasons but strictly religious ones. This work by Schmitt is also one of the most intimately involved by him with the concept of myth in a political setting.
The text itself begins with an overview of the religious history of the mythical character "Leviathan". Schmitt traces this character as a unique subject of conflicting interpretations in Abrahamic doctrines, whereby the Leviathan, understood most pointedly as a "big fish," is occasionally interchangeable with that of a dragon or serpent, which Schmitt remarks have been "protective and benevolent deities" in the history of non-Jewish peoples. But, as Schmitt makes clear, Hobbes' Leviathan is very different from these interpretations, being illustrated firstly in his work Leviathan as a "huge man". The Leviathan as a "huge man" is used throughout Hobbes' work as a symbol of the sovereign person. Although the Leviathan is not the only allegory made by Hobbes of the sovereign, which gravitates throughout his work as "a huge man, a huge leviathan, an artificial being, an animal artificiale, an automaton, or a machina". Hobbes' concern was mainly to convey the sovereign person as a frightening creature that could instill fear into those chaotic elements of man that belong to his interpretation of the state of nature.
Schmitt's critique of Hobbes begins with Hobbes' understanding of the state as a "machine" which is set into motion by the sovereign. This, according to Schmitt, is actually a continuation of René Descartes's concept of mind–body dualism. For Hobbes to conceptualize the state as a machine whose soul is the sovereign renders it really as just a mechanic structure, carrying over the cartesian dualism into political theory: "As a totality, the state is body and soul, a homo artificialis, and, as such, a machine. It is a manmade product... the soul thereby becomes a mere component of a machine artificially manufactured by man." Schmitt adds that this technical conception of the state is essential in the modern interpretation of government as a widespread administrative organ. Therefore, Schmitt attributes Hobbes' mechanistic and often also a legally positivist interpretation of the state (what is legitimate = what is legal) with the process of political neutralization. This is consistent with Schmitt's larger attitude toward attempts to apply technical principles to political matters.
Also, Schmitt critiques Hobbes' insistence that belief in miracles must only be outwardly consistent with the position of the state and can, privately, deviate into one's own opinion as to the validity of such "miracles". The belief in miracles was a relevant point in Hobbes' century for kings would regularly "bestow miracles" by touching the hands of those of ill health, supposedly healing them—obviously a consequence of the medieval belief that kings had a divine character. Hobbes' position was that "private reason" may disagree with what the state claims to be a miracle, but the "public reason" must by necessity agree to its position in order to avoid chaos. Schmitt's critique of Hobbes here is twofold. Firstly, Hobbes opens the crack toward a liberal understanding of individual rights (such as the right to "private reason") which Schmitt was a tireless critique of and, secondly, Hobbes guts the state of any "substantive truth" (such as the genuine belief of the individual, even in private, of the kings divine right) and renders the state into now simply a "justifiable external power". This opens up the elementary basis of liberal society which, for Schmitt, was pluralism. Such a pluralist society lacked ideological homogeneity and nationally bound group identity, both of which were fundamental premises of a democratic society to Schmitt. Despite his critiques, Schmitt, nonetheless, finishes the book with a celebration of Hobbes as a truly magnificent thinker, ranking him along with other theorists he values greatly like Niccolò Machiavelli and Giambattista Vico.
The Nomos of the Earth
This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (December 2023) (Learn how and when to remove this message) |
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 centre 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 end of the 19th 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.
Hamlet or Hecuba
This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (December 2023) (Learn how and when to remove this message) |
Published in 1956, Hamlet or Hecuba: The Intrusion of the Time into the Play was Schmitt's most extended piece of literary criticism. In it Schmitt focuses his attention on Shakespeare's Hamlet and argues that the significance of the work hinges on its ability to integrate history in the form of the taboo of the queen and the deformation of the figure of the avenger. Schmitt uses this interpretation to develop a theory of myth and politics that serves as a cultural foundation for his concept of political representation. Beyond literary criticism or historical analysis, Schmitt's book also reveals a comprehensive theory of the relationship between aesthetics and politics that responds to alternative ideas developed by Walter Benjamin and Theodor W. Adorno.
Theory of the Partisan
Main article: Theory of the PartisanSchmitt's Theory of the Partisan originated in two lectures delivered during 1962, and has been seen as a rethinking of The Concept of the Political. It addressed the transformation of war in the post-European age, analysing a specific and significant phenomenon that ushered in a new theory of war and enmity. It contains an implicit theory of the terrorist, which during the 21st century has resulted in yet another new theory of war and enmity. In the lectures, Schmitt directly tackles the issues surrounding "the problem of the Partisan" figure: the guerrilla or revolutionary who "fights irregularly" (p. 3). Both because of its scope, with extended discussions on historical figures like Napoleon, Vladimir Lenin, and Mao Zedong, as well as the events marking the beginning of the 20th 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." Schmitt's work on the Partisan has since spurred comparisons with the post-9/11 'terrorist' in recent scholarship. The Italian philosopher Domenico Losurdo comments:
Thus, for Schmitt, the colonized peoples' struggle for national independence, although embracing ever larger sections of the population, becomes synonymous with terrorism, while the actions of the occupying army, foreign and hated by the citizens of the occupied country, are characterized as "counter-terrorist". Of course, the "retaliations" can be very harsh, but - Schmitt observes, referring to Algeria and Vietnam - we must take into account the "irresistible logic of the old rule according to which insurgents can only be dealt with by insurgent methods." As we see, the main difference between terrorism and counter-terrorism is not a specific behavior (ie. the impact on, or participation of, citizens). It coincides with the border between barbarism and civilization, between East and West. The power that determines who the barbarians are every time also determines who the terrorists are.
Influence
Through Walter Benjamin, Giorgio Agamben, Andrew Arato, Chantal Mouffe and other writers, Schmitt has become a common reference in recent writings of the intellectual left as well as the right. These discussions concern 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" (later expanded upon by Agamben).
Schmitt's argument that political concepts are secularized theological concepts has also recently been seen as consequential for those interested in contemporary political theology. 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.
Schmitt is described as a "classic of political thought" by Herfried Münkler, while in the same article Münkler speaks of his post-war writings as reflecting an "embittered, jealous, occasionally malicious man" ("verbitterten, eifersüchtigen, gelegentlich bösartigen Mann"). Schmitt was termed the "Crown Jurist of the Third Reich" ("Kronjurist des Dritten Reiches") by Waldemar Gurian.
According to historian Renato Cristi in the writing of the 1980 Constitution of Chile, Pinochet collaborator Jaime Guzmán based his work on the pouvoir constituant concept used by Schmitt (as well as drawing inspiration in the ideas of market society of Friedrich Hayek). This way Guzmán would have enabled a framework for a dictatorial state combined with a free market economic system.
Law of emergency powers
Schmitt's "state of exception" doctrine has enjoyed a revival in the 21st century. Formulated 10 years before the 1933 Nazi takeover of Germany, Schmitt claimed that urgency justified the following:
- Special executive powers
- Suspension of the Rule of Law
- Derogation of legal and constitutional rights
Schmitt's doctrine helped clear the way for Hitler's rise to power by providing the theoretical legal foundation of the Nazi regime.
China
Neoauthoritarianism (China)Some have argued that Schmitt has become an important influence on Chinese political theory in the 21st century, particularly since Xi Jinping became General Secretary of the Chinese Communist Party in 2012. Leading Chinese Schmittians include the theologian Liu Xiaofeng, the public policy scholar Wang Shaoguang, and the legal theorist and government adviser Jiang Shigong. Schmitt's ideas have proved popular and useful instruments in justifying the legitimacy of Chinese Communist Party rule.
The first important wave of Schmitt's reception in China started with Liu's writings at the end of the 1990s. In the context of a transition period, Schmitt was used both by liberal, nationalist and conservative intellectuals to find answers to contemporary issues. In the 21st century, most of them are still concerned with state power and to what extent a strong state is required to tackle China's modernization. Some authors consider Schmitt's works as a weapon against liberalism. Others think that his theories are helpful for China's development.
A critical reception of his use in a Chinese context does also exist. These differences go together with different interpretations of Schmitt's relation with fascism. While some scholars regard him as a faithful follower of fascism, others, such as Liu Xiaofeng, consider his support to the Nazi regime only as instrumental and attempt to separate his works from their historical context. According to them, his real goal is to pave a different and unique way for the modernization of Germany—precisely what makes him interesting for China. Generally speaking, the Chinese reception is ambivalent: quite diverse and dynamic, but also highly ideological. Other scholars are cautious when it comes to Schmitt's arguments for state power, considering the danger of totalitarianism, they assume at the same time that state power is necessary for the current transition and that a "dogmatic faith" in liberalism is unsuitable for China. By emphasizing the danger of social chaos, many of them agree with Schmitt—beyond their differences—on the necessity of a strong state.
Other countries
Among other things, his work is considered to have influenced neoconservatism in the United States. Most notably the legal opinions offered by Alberto Gonzales, John Yoo et al. by invoking the unitary executive theory to justify the Bush administration's legally controversial decisions during the War on terror (such as introducing unlawful combatant status which purportedly would eliminate protection by the Geneva Conventions, the Abu Ghraib torture and prisoner abuse, the National Security Agency's electronic surveillance program and various excesses of the Patriot Act) mimic his writings. Professor David Luban points out that the American legal database Lexis.com has five references to Schmitt in the period between 1980 and 1990, 114 between 1990 and 2000, and 420 between 2000 and 2010, with almost twice as many in the last five years of the 2000s decade as the first five.
Several scholars have noted the influence of Carl Schmitt on Vladimir Putin and Russia, specifically in defence of illiberal norms and exercising power, such as in disputes with Ukraine. Timothy Snyder has asserted that Schmitt's work has greatly influenced Eurasianist philosophy in Russia by revealing a counter to the liberal order. Nomma Zarubina, who had been accused by the FBI of being a secret operative of Russia’s Federal Security Service (FSB), said in an interview that her father named her "Nomma" after Carl Schmitt's "The Nomos of the Earth" work.
Works
Main article: Carl Schmitt bibliographySome of Schmitt's major works are:
- Political Theology: Four Chapters on the Concept of Sovereignty (1922)
- The Crisis of Parliamentary Democracy (1923)
- The Concept of the Political (1932)
- Die Wendung zum diskriminierenden Kriegsbegriff [de] (1938)
- Land and Sea: A World-Historical Meditation (1942)
- Ex Captivitate Salus (1950)
- The Nomos of the Earth (1950)
- Hamlet or Hecuba: The Intrusion of the Time into the Play (1956)
- Theory of the Partisan: Intermediate Commentary on the Concept of the Political (1963)
- Political Theology 2 (1970)
See also
References
Notes
- /ʃmɪt/
- The concept of the "administrative state" is elaborated by Schmitt in his other works such as Legality and Legitimacy as a technical interpretation of state activity that is excessively bureaucratic and wherein all disputes of the state can be settled through "more proper" or "more perfect" management.
Citations
- ^ Wolin, Richard (1992). "Carl Schmitt: The Conservative Revolutionary Habitus and the Aesthetics of Horror". Political Theory. 20 (3): 424–25. doi:10.1177/0090591792020003003. S2CID 143762314.
- Oliver W. Lembcke, Claudia Ritzi, Gary S. Schaal (eds.): Zeitgenössische Demokratietheorien: Band 1: Normative Demokratietheorien, Springer, 2014, p. 331.
- Hooker, William (12 November 2009). Carl Schmitt's International Thought: Order and Orientation. Cambridge University Press. p. 204. ISBN 978-1-13948184-7. Retrieved 5 September 2014.
- Hoffman, John (2015). Introduction to Political Theory. Routledge. p. 114. ISBN 9781317556602.
- Martin, James (2008). Piero Gobetti and the Politics of Liberal Revolution. Springer. p. 142. ISBN 978-0-230-61686-8.
- ^ Vinx 2019.
- Caldwell, Peter C. (June 2005). "Controversies over Carl Schmitt: A Review of Recent Literature". The Journal of Modern History. 77 (2): 357–387. doi:10.1086/431819. ISSN 0022-2801.
- Vinx 2019, ch. 5 "Liberal Cosmopolitanism and ...".
- ^ Koonz 2003, p. 56
- "Cover of Carl Schmitt's dissertation from 1910". Archived from the original on 8 March 2021. Retrieved 16 October 2018.
- ^ Koonz 2003, p. 57
- McCormick, John P. Carl Schmitt's Critique of Liberalism: Against Politics as Technology. 1st paperback ed. Cambridge: Cambridge University Press, 1999:86–87.
- Müller, Jan-Werner. A Dangerous Mind: Carl Schmitt in Post-War European Thought. New Haven: Yale University Press, 2003:xxix.
- Gottfried, Paul (1990). Carl Schmitt. Claridge Press. p. 20. ISBN 978-1-870626-46-0.
- ^ Balakrishnan 2000, pp. 168–169
- Balakrishnan 2000, p. 187.
- Evans, Richard J. (2003) The Coming of the Third Reich New York: Penguin Press. p. 371 ISBN 0-14-303469-3
- Koonz 2003, p. 58.
- Koonz 2003, p. 59.
- Klee, Ernst (2007). Das Personenlexikon zum Dritten Reich. Wer war was vor und nach 1945. Frankfurt-am-Main: Fischer-Taschenbuch-Verlag. p. 549. ISBN 978-3-596-16048-8.
- Balakrishnan 2000, pp. 183–184.
- Deutsche Juristen-Zeitung (PDF) (in German), Flechsig, archived (PDF) from the original on 20 January 2010, retrieved 20 July 2009.
- ^ Deutsche Juristen-Zeitung, 38, 1934; trans. as "The Führer Protects Justice" in Detlev Vagts, Carl Schmitt's Ultimate Emergency: The Night of the Long Knives (2012) 87(2) The Germanic Review 203.
- Koonz 2003, p. 207.
- Lind, Michael (23 April 2015). "Carl Schmitt's War on Liberalism". The National Interest. Archived from the original on 31 October 2018. Retrieved 31 October 2018.
- "Carl Schmitt in China". The China story. AU. Archived from the original on 5 October 2018. Retrieved 31 October 2018.
- Schmitt 2008a, p. xx.
- Bendersky, Joseph, W., Theorist For The Reich, 1983, Princeton, New Jersey
- Noack, Paul, Carl Schmitt – Eine Biographie, 1996, Frankfurt
- Jünger, Ernst (2019). A German Officer in Occupied Paris. New York: Columbia University Press. p. xvi. ISBN 978-0-23112740-0.
- "Carl Schmitt-Erinnerungsorte in Plettenberg" (PDF). carl-schmitt.de. 2021. Retrieved 1 October 2024.
- Die Diktatur Archived 2013-01-24 at the Wayback Machine § XV p. 11.
- Agamben 2005, pp. 52–55.
- Agamben 1998, 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."
- Head, Michael. Emergency Powers in Theory and Practice: The Long Shadow Carl Schmitt. Ashgate. p. 16.
- William E. Scheuerman, "Survey Article: Emergency Powers and the Rule of Law after 9/11", The Journal of Political Philosophy, vol. 14, no. 1, 2006, pp. 61–84.
- Thaler, Mathias (2018). Naming Violence: A Critical Theory of Genocide, Torture, and Terrorism. New York: Columbia University Press. p. 4.
- Schmitt 2008a, p. 27.
- Schmitt, Carl (1 December 2008). The Concept of the Political (expanded ed.). University of Chicago Press. p. 27. ISBN 978-0-226-73884-0.
- For a good discussion of Schmitt's ideas on this topic, see Frye, Charles E. (November 1966). "Carl Schmitt's Concept of the Political". The Journal of Politics. 28 (4). Cambridge University Press: 818–830. doi:10.2307/2127676. JSTOR 2127676.
- Benabdallah, Amine (2007). Une réception de Carl Schmitt dans l'extrême-gauche: La théologie politique de Giorgio Agamben (Master's thesis) (in French). Sciences Po, Paris. doi:10.13140/RG.2.1.2065.4965/1.
- Schmitt 2008a, p. 28.
- Bartov, Omer (2000). Mirrors of Destruction: War, Genocide and Modern Identity. p. 143.
- Lukács, György (1980) . "German Sociology of the Imperialist Period" (PDF). The Destruction of Reason. Translated by Palmer, Peter R. London: Merlin Press. Archived (PDF) from the original on 6 April 2023. Retrieved 3 December 2023.
- Lukács, György (1980) . "Epilogue" (PDF). The Destruction of Reason. Translated by Palmer, Peter R. London: Merlin Press. Archived (PDF) from the original on 6 April 2023. Retrieved 3 December 2023.
- Carl Schmitt and Leo Strauss: the hidden dialogue, Heinrich Meier, University of Chicago Press 1995, 123
- Carl Schmitt and Leo Strauss: the hidden dialogue, Heinrich Meier, University of Chicago Press 1995, 125
- Schmitt 2008b, p. 9.
- Schmitt 2008b, p. 19.
- Schmitt 2008b, p. 34.
- Schmitt 2008b, pp. 5–6.
- ^ Schmitt 2008b, p. 56.
- Schmitt, Carl. The Crisis of Parliamentary Democracy. The MIT Press.
- Schmitt 2008b, pp. 83–86.
- Schmitt 2004, p. 11.
- Hoelzl, Michael; Ward, Graham (2008). Editors' introduction to Political Theology II. Polity. p. 4. ISBN 978-0-7456-4254-3.
- "Telos Press". Archived from the original on 12 February 2022. Retrieved 19 March 2022.
- Derrida, Jacques (1997). The Politics of Friendship. Verso. p. 146. ISBN 978-1-84467-054-3.
- Schmitt 2004, p. 78.
- Fairhead, Edward (2018). "Carl Schmitt's politics in the age of drone strikes: Examining the Schmittian texture of Obama's enemy". Journal for Cultural Research. 22: 39–54. doi:10.1080/14797585.2017.1410991. S2CID 148618541.
- Losurdo, Domenico (2007). "Terrorismo". Il linguaggio dell'Impero. Lessico dell'ideologia americana. Bari: Edizioni Laterza.
- See for example Lebovic, Nitzan (2008), "The Jerusalem School: The Theo-Political Hour", New German Critique (103), 97–120.
- Amine Benabdallah (June 2007). "Ine réception de Carl Schmitt dans l'extrême-gauche: La théologie politique de Giorgio Agamben" (in French). Archived from the original on 2 April 2015. Retrieved 14 April 2015.
- Herfried Münkler, Erkenntnis wächst an den Rändern – Der Denker Carl Schmitt beschäftigt auch 20 Jahre nach seinem Tod Rechte wie Linke, in Die Welt Archived 18 January 2012 at the Wayback Machine, 7 April 2005
- El pensamiento político de Jaime Guzmán (2nd ed.). LOM Ediciones. Archived from the original on 14 July 2014. Retrieved 10 July 2014.
- ^ Head, Michael. Emergency Powers in Theory and Practice: The Long Shadow Carl Schmitt. Ashgate. p. 14.
- Marchal, Kai, ed. (22 February 2017). Carl Schmitt and Leo Strauss in the Chinese-Speaking World: Reorienting the Political. Lanham, MD: Lexington Books. ISBN 978-1498536264. OCLC 963359976.
- ^ Che, Chang (1 December 2020). "The Nazi Inspiring China's Communists". The Atlantic. Archived from the original on 1 December 2020. Retrieved 1 December 2020.
- Buckley, Chris (2 August 2020). "'Clean Up This Mess': The Chinese Thinkers Behind Xi's Hard Line". The New York Times. ISSN 0362-4331. Archived from the original on 2 August 2020. Retrieved 1 December 2020.
- ^ Sapio, Flora (7 October 2015). "Carl Schmitt in China". The China Story. Archived from the original on 29 July 2019. Retrieved 29 July 2019.
- Xu, Jilin (2018) . Rethinking China's Rise: A Liberal Critique. Translated by Ownby, David. Cambridge: Cambridge University Press. p. 27. ISBN 978-1108470759.
- Libin, Xie; Patapan, Haig (21 May 2020). "Schmitt Fever: The use and abuse of Carl Schmitt in contemporary China". International Journal of Constitutional Law. 18 (1): 130–146. doi:10.1093/icon/moaa015. hdl:10072/396618. ISSN 1474-2640.
- ^ Liu, Xiaofeng (1998). "Carl Schmitt and the Predicament of Liberal Constitutionalism". Twenty-First Century. 47.
- ^ Guo, Jian (2006). "For the Sake of Fighting the Common Enemy: Schmitt and his Allies". Twenty-First Century. 94.
- Xu, Ben (2006). "China Has No Need of Such 'Politics' and 'Decisionism': The Cult of Carl Schmitt and Nationalism". Twenty-First Century. 94.
- ^ Gao, Quanxi (2006). "The Issues of Carl Schmitt in the Context of the Chinese Society". Twenty-First Century. 95.
- Qi, Zheng (2012). "Carl Schmitt in China". Telos. 2012 (160): 29–52. doi:10.3817/0912160029. S2CID 219190612.
- ^ Legal justification
- Thinking out loud about John Yoo (and about Carl Schmitt) Archived 27 September 2011 at the Wayback Machine by Sandy Levinson, Balkinization, April 12, 2008
- The Bush Regime from Elections to Detentions: A Moral Economy of Carl Schmitt and Human Rights by Abraham, David, University of Miami – School of Law, University of Miami Legal Studies Research Paper No. 2007 – 20 May 2007
- Torture, Necessity and Existential Politics by Kutz, Christopher L., University of California, Berkeley – School of Law (Boalt Hall), UC Berkeley Public Law Research Paper No. 870602, December 2005
- The Return of Carl Schmitt Archived 9 August 2011 at the Wayback Machine Scott Horton, Balkinization, 7 November 2005
- Deconstructing John Yoo Archived 23 April 2008 at the Wayback Machine by Scott Horton, Harpers, 23 January 2008
- The will to undemocratic power Archived 13 May 2008 at the Wayback Machine By Philip S Golub, Le Monde Diplomatique, September 2006
- The Leo-conservatives Archived 10 December 2008 at the Wayback Machine by GERHARD SPÖRL, Der Spiegel, 4 August 2003
- War crimes warning
- Memos Reveal War Crimes Warnings Archived 30 July 2017 at the Wayback Machine By Michael Isikoff, Newsweek, 19 May 2004
- Torture and Accountability Archived 24 July 2018 at the Wayback Machine by Elizabeth Holtzman, The Nation, 28 June 2005
- US Lawyers Warn Bush on War Crimes Archived 20 October 2017 at the Wayback Machine By Grant McCool, Lawyers Against the War, Global Policy Forum, 28 January 2003
- David Luban, "Carl Schmitt and the Critique of Lawfare", Georgetown Public Law and Legal Theory Research Paper No. 11-33 Archived 1 May 2011 at the Wayback Machine, s. 10
- "David Lewis on Carl Schmitt and Russian conservatism". illiberalism.org. Archived from the original on 12 February 2022. Retrieved 12 February 2022.
- Auer, Stefan (September 2015). "Carl Schmitt in the Kremlin: the Ukraine crisis and the return of geopolitics". International Affairs. 91 (5): 953–968. doi:10.1111/1468-2346.12392.
- "Vital Questions on the Ukraine Crisis" Archived 27 March 2022 at the Wayback Machine by Vladimir Milov and Michael Benhamou, Wilfried Martens Centre for European Studies, 23 February 2022
- "A Schmittian reading of Russian thinking" Archived 19 March 2022 at the Wayback Machine by Andrew Wilson, UCL European Institute, 28 February 2022
- Piccoli, Erik (23 January 2024). "Carl Schmitt and the Putin Regime". Illiberalism Studies Program.
- Snyder, Timothy (20 March 2014). "Fascism, Russia, and Ukraine". The New York Review of Books. 61 (5). Archived from the original on 27 January 2016. Retrieved 5 September 2014.
- Rohrlich, Justin (4 December 2024). "Accused Russian operative says she has always been 'honest' to the FBI except for the two times she wasn't". The Independent. London. Archived from the original on 10 December 2024. Retrieved 10 December 2024.
- Венедиктов, Алексей (4 December 2024). "Интервью с Номмой Зарубиной, обвинённой в США в сотрудничестве с российскими спецслужбами". ECHO. Berlin. Archived from the original on 10 December 2024. Retrieved 10 December 2024.
Bibliography
- Agamben, Giorgio (1998). Homo Sacer: Sovereign Power and Bare Life. Stanford University Press. ISBN 0-8047-3218-3.
- Agamben, Giorgio (2005). State of Exception. University of Chicago Press. ISBN 0-226-00924-6.
- Balakrishnan, Gopal (2000). The Enemy – An Intellectual Portrait of Carl Schmitt. Verso. ISBN 1-85984-760-9. Reviewed here.
- Koonz, Claudia (2003). The Nazi Conscience. Harvard University Press. ISBN 0-674-01172-4.
- Schmitt, Carl (2004). "Theory of the Partisan: Intermediate Commentary on the Concept of the Political (1963)". Telos (127): 11.
- Schmitt, Carl (2008a). The Concept of the Political (expanded ed.). Chicago: University of Chicago Press. ISBN 978-0-22-6738840.
- Schmitt, Carl (2008b). The Leviathan in the State Theory of Thomas Hobbes. The University of Chicago Press.
- Vinx, Lars (29 August 2019). "Carl Schmitt". In Zalta, Edward N. (ed.). Stanford Encyclopedia of Philosophy.
Further reading
- Giacomo Maria Arrigo, Islamist Terrorism in Carl Schmitt's Reading, In Circolo 4 (2017).
- Jeffrey Andrew Barash, Politiques de l'histoire. L'historicisme comme promesse et comme mythe (2004)
- Eckard Bolsinger, The Autonomy of the Political: Carl Schmitt's and Lenin's Political Realism (2001)
- Brunila, Tuukka (2022). The Autonomy of the Political and the Authority of the State: Carl Schmitt and the de-politicisation of the economy (Ph.D. thesis). University of Helsinki. ISBN 978-951-51-7089-7.
- Caldwell, Peter C. "Controversies over Carl Schmitt: a review of recent literature". The Journal of Modern History (2005), vol. 77, no. 2, pp. 357–387.
- Renato Cristi, Carl Schmitt and Authoritarian Liberalism (1998)
- Mariano Croce, Andrea Salvatore, The Legal Theory of Carl Schmitt (Abingdon: Routledge, 2012) ISBN 978-0-415-68349-4.
- Jacques Derrida, "Force of Law: The 'Mystical Foundation of Authority'", in Acts of Religion (2002).
- Carlo Galli [it], "Hamlet: Representation and the Concrete" (translated from Italian by Adam Sitze and Amanda Minervini) in Points of Departure: Political Theology on the Scenes of Early Modernity, ed. Julia Reinhard Lupton and Graham Hammill, University of Chicago Press, 2011
- Garrard, Graeme, "Joseph de Maistre and Carl Schmitt" in Joseph de Maistre's Life, Thought, and Influence: Selected Studies, ed. R. A. Lebrun (McGill-Queen's University Press, 2001). ISBN 978-0-7735-2288-6
- Gross, Raphael. Carl Schmitt and the Jews. The "Jewish Question," the Holocaust, and German Legal Theory. Translated by Joel Golb. Foreword by Peter C. Caldwell. Madison, University of Wisconsin Press, 2007. ISBN 978-0-299-22240-6
- Paul Gottfried, Carl Schmitt: Politics and Theory (New York: Greenwood Press, 1990) ISBN 0-313-27209-3
- Michael Hardt & Antonio Negri, Empire (2000).
- Julia Hell, "Katechon: Carl Schmitt's Imperial Theology and the Ruins of the Future", The Germanic Review 84:4 (2009): 283–326.
- Herrero, Montserrat. 2015. The political discourse of Carl Schmitt. Lanham, Maryland: Rowman & Littlefield.
- William Hooker, Carl Schmitt's International Thought: Order and Orientation (Cambridge: Cambridge University Press, 2009) ISBN 978-0-521-11542-1
- Jeutner, Valentin (2019). "Pirates in Suits: Carl Schmitt, 'Ordinary Businessmen' and Crimes of Aggression". Nordic Journal of International Law. 88 (3): 459–487. doi:10.1163/15718107-08803004. S2CID 150536319.
- Lena Lindgren, Review of Carl Schmitt The Concept of the Political (Review of the Swedish edition Det politiska som begrepp, Sociologisk Forskning 2011:3, pp. 114–116; translated into English)
- Michael Marder, "Groundless Existence: The Political Ontology of Carl Schmitt" (London & New York: Continuum, 2010).
- Reinhard Mehring: Carl Schmitt – Aufstieg und Fall. Eine Biographie. München: Verlag C.H. Beck, 2009. ISBN 978-3-406-59224-9.
- Heinrich Meier: The Lesson of Carl Schmitt: Four Chapters on the Distinction between Political Theology and Political Philosophy. University of Chicago Press, 2011. ISBN 978-0-226-51886-2.
- Jens Meierhenrich and Oliver Simons, eds. The Oxford Handbook of Carl Schmitt. Oxford University Press, 2017. ISBN 978-0-199-91693-1
- Ojakangas Mika, A Philosophy of Concrete Life: Carl Schmitt and the political thought of late modernity (2nd ed Peter Lang, 2006), ISBN 3-03910-963-4
- Mitchell, Ryan Martinez (May 2020). "Chinese Receptions of Carl Schmitt Since 1929". Penn State Journal of Law & International Affairs. 8 (1).
- Mouffe, Chntal (1999). The Challenge of Carl Schmitt. Phronesis (Londyn). London; New York: Verso. pp. VI, 212. ISBN 9781859847046. OCLC 864875284.
- Müller, Ingo (1991). Hitler's Justice: The Courts of the Third Reich. Translated by Deborah Lucas Schneider. Cambridge (Mass.): Harvard University Press. ISBN 0-674-40419-X
- Reinhardt, Jackson T. (2020). "Totalitarian Friendship: Carl Schmitt in Contemporary China". Inquiries. 12 (7): 1.
- Gabriella Slomp, Carl Schmitt and the Politics of Hostility, Violence and Terror (New York: Palgrave Macmillan, 2009) ISBN 978-0-230-00251-7
- 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 3-596-11341-5).
- Telos 72, "Carl Schmitt: Enemy or Foe?" New York: Telos Press, Summer 1987.
- Telos 109, "Carl Schmitt Now". New York: Telos Press, Fall 1996.
- Telos 125, "Carl Schmitt and Donoso Cortés". New York: Telos Press, Fall 2002.
- Telos 132, "Special edition on Carl Schmitt". New York: Telos Press, Fall 2005.
- Telos 142, "Culture and Politics in Carl Schmitt". New York: Telos Press, Spring 2008.
- Telos 147, "Carl Schmitt and the Event". New York: Telos Press, Summer 2009.
- Telos 153, "Special issue on Carl Schmitt's Hamlet or Hecuba". New York: Telos Press, Winter 2010.
- Ola Tunander, The Dual State and the Sovereign: A Schmittian Approach to Western Politics, Challenge Second Annual Report to the European Commission 2006 (7.3.3 Work package 3 – Deliverable No. 32), Challenge, Brussels
- Johannes, Türk. "The Intrusion: Carl Schmitt's Non-Mimetic Logic of Art". Telos 142 (2008): 73–89.
- Francesco Tigani. "Fra immaginazione e realtà: dalla critica del Romanticismo alla teologia politica negli scritti di Thomas Ernest Hulme e Carl Schmitt", Información Filosófica, XIII (2016), pp. 91–110.
- Francesco Tigani. Le ceneri del politico in due capitoli: il teologo e l'erostrato (Milano: Meltemi, 2019). EAN 9788855190589
- Arthur Versluis, "Carl Schmitt, the Inquisition, and Totalitarianism", in: Arthur Versluis, The New Inquisitions: Heretic-Hunting and the Intellectual Origins of Modern Totalitarianism, Oxford University Press, 2006.
- Ignaz Zangerle, "Zur Situation der Kirche", Der Brenner 14 (1933/34): 52 ff.
- "Indagini su Epimeteo tra Ivan Illich, Konrad Weiss e Carl Schmitt" (PDF) (in Italian). Il Covile. 2008. Retrieved 28 February 2013.
- Wolin, Richard. “Carl Schmitt, Political Existentialism, and the Total State.” Theory and Society 19, no. 4 (1990): 389–416. http://www.jstor.org/stable/657796.
- Wolin, Richard. “Carl Schmitt: The Conservative Revolutionary Habitus and the Aesthetics of Horror.” Political Theory 20, no. 3 (1992): 424–47. http://www.jstor.org/stable/192186.
External links
Library resources aboutCarl Schmitt
By Carl Schmitt
- Carl-Schmitt-Gesellschaft (in German)
- Telos Press
- Lars Vinx. "Carl Schmitt". In Zalta, Edward N. (ed.). Stanford Encyclopedia of Philosophy.
- Works by or about Carl Schmitt at the Internet Archive
- Newspaper clippings about Carl Schmitt in the 20th Century Press Archives of the ZBW
Carl Schmitt | |
---|---|
Publications |
|
Concepts | |
Schools | |
Works about |
|
Categories:
- Carl Schmitt
- 1888 births
- 1985 deaths
- 20th-century German philosophers
- 20th-century German theologians
- 20th-century political scientists
- Academic staff of the Humboldt University of Berlin
- Academic staff of the Technical University of Munich
- Academic staff of the University of Bonn
- Academic staff of the University of Cologne
- Academic staff of the University of Greifswald
- Anti-Masonry
- Antisemitism in Germany
- Conservative Revolutionary movement
- Far-right politics in Germany
- Geopoliticians
- German anti-communists
- German Army personnel of World War I
- German fascists
- German male writers
- German nationalists
- German political philosophers
- German political scientists
- Hobbes scholars
- Jurists from North Rhine-Westphalia
- Members of the Academy for German Law
- Members of the Prussian State Council (Nazi Germany)
- German revolutionaries
- Nazi Party members
- People excommunicated by the Catholic Church
- People from Plettenberg
- People from the Province of Westphalia
- Philosophers of law
- Political theologians
- Humboldt University of Berlin alumni