Law as Politics

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Publisher : Duke University Press
ISBN 13 : 9780822322443
Total Pages : 340 pages
Book Rating : 4.3/5 (224 download)

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Book Synopsis Law as Politics by : David Dyzenhaus

Download or read book Law as Politics written by David Dyzenhaus and published by Duke University Press. This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Articles previously published in the Canadian journal of law and jurisprudence.

Carl Schmitt

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Publisher : Rowman & Littlefield
ISBN 13 : 9780847694181
Total Pages : 368 pages
Book Rating : 4.6/5 (941 download)

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Book Synopsis Carl Schmitt by : William E. Scheuerman

Download or read book Carl Schmitt written by William E. Scheuerman and published by Rowman & Littlefield. This book was released on 1999 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought (Joseph Schumpeter, Friedrich A. Hayek, and Hans Morgenthau) in the United States after 1945. Visit our website for sample chapters!

Carl Schmitt on Law and Liberalism

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Author :
Publisher : Springer Nature
ISBN 13 : 3030571181
Total Pages : 137 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Carl Schmitt on Law and Liberalism by : Christopher Adair-Toteff

Download or read book Carl Schmitt on Law and Liberalism written by Christopher Adair-Toteff and published by Springer Nature. This book was released on 2020-09-10 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an investigation into Carl Schmitt’s critical thinking regarding the alleged deficiencies he identified in modern liberalism. Noted jurist, constitutional scholar, and a fierce critic of liberalism and pluralism, Schmitt mounted a sustained attack on the defects of the Weimar constitution between 1916 and 1934, contending that what Germany needed was a strong decisive leader to maintain political unity. This book provides a concise and clear explanation of Schmitt’s disagreements with other constitutional scholars, from his time as a university graduate up until Hitler’s rise to power. Although these disagreements were couched in legal terminology, they represented political criticisms that went directly to the heart of modern democracy, culminating in Schmitt's defence of the Reich against Prussia in the constitutional crisis of 1932. The book concludes with a strenuous defence of modern liberalism in response to the Schmittian critique. Thus, this book is not just an exploration of Carl Schmitt’s work, but a response to one of the harshest attacks on the modern liberal state, and a blueprint for a renewal of democracy, pluralism, and the rule of law.

Carl Schmitt

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Publisher : Routledge
ISBN 13 : 1136452141
Total Pages : 314 pages
Book Rating : 4.1/5 (364 download)

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Book Synopsis Carl Schmitt by : Michael G. Salter

Download or read book Carl Schmitt written by Michael G. Salter and published by Routledge. This book was released on 2012-08-06 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics and social theory but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitt’s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt's thought for controversies within contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms of legal positivism; the relative ‘indeterminacy’ of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale; the centrality of discretion and judicial law-making within the legal process; the important role played by ideological prejudices and assumptions in legal reasoning; the reinterpretation of law as a form of strategically disguised politics; the legal theoretical critique of universalistic approaches to "human" rights and associated liberal-cosmopolitan 'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberal constitutionalism and liberalism more generally as an approach to law. In Carl Schmitt: Law as Politics, Ideology and Strategic Myth, the author provides an overview and assessment of Schmitt's thought, as well as a consideration of its relevance for contemporary legal thought and debates.

Carl Schmitt's Critique of Liberalism

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Publisher : Cambridge University Press
ISBN 13 : 9780521664578
Total Pages : 368 pages
Book Rating : 4.6/5 (645 download)

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Book Synopsis Carl Schmitt's Critique of Liberalism by : John P. McCormick

Download or read book Carl Schmitt's Critique of Liberalism written by John P. McCormick and published by Cambridge University Press. This book was released on 1997 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in-depth critical appraisal in English of the political, legal, and cultural writings of Carl Schmitt, perhaps this century's most brilliant critic of liberalism. It offers an assessment of this most sophisticated of fascist theorists without attempting either to apologise for or demonise him. Schmitt's Weimar writings confront the role of technology as it finds expression through the principles and practices of liberalism. Contemporary political conditions such as disaffection with liberalism and the rise of extremist political organizations have rendered Schmitt's work both relevant and insightful. John McCormick examines why technology becomes a rallying cry for both right- and left-wing intellectuals at times when liberalism appears anachronistic, and shows the continuities between Weimar's ideological debates and those of our own age.

Political Romanticism

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Publisher : Routledge
ISBN 13 : 135149869X
Total Pages : 291 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis Political Romanticism by : Carl Schmitt

Download or read book Political Romanticism written by Carl Schmitt and published by Routledge. This book was released on 2017-07-12 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneer in legal and political theory, Schmitt traces the prehistory of political romanticism by examining its relationship to revolutionary and reactionary tendencies in modern European history. Both the partisans of the French Revolution and its most embittered enemies were numbered among the romantics. During the movement for German national unity at the beginning of the nineteenth century, both revolutionaries and reactionaries counted themselves as romantics. According to Schmitt, the use of the concept to designate opposed political positions results from the character of political romanticism: its unpredictable quality and lack of commitment to any substantive political position. The romantic person acts in such a way that his imagination can be affected. He acts insofar as he is moved. Thus an action is not a performance or something one does, but rather an affect or a mood, something one feels. The product of an action is not a result that can be evaluated according to moral standards, but rather an emotional experience that can be judged only in aesthetic and emotive terms. These observations lead Schmitt to a profound reflection on the shortcomings of liberal politics. Apart from the liberal rule of law and its institution of an autonomous private sphere, the romantic inner sanctum of purely personal experience could not exist. Without the security of the private realm, the romantic imagination would be subject to unpredictable incursions. Only in a bourgeois world can the individual become both absolutely sovereign and thoroughly privatized: a master builder in the cathedral of his personality. An adequate political order cannot be maintained on such a tolerant individualism, concludes Schmitt.

Groundless Existence

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 0826434088
Total Pages : 203 pages
Book Rating : 4.8/5 (264 download)

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Book Synopsis Groundless Existence by : Michael Marder

Download or read book Groundless Existence written by Michael Marder and published by Bloomsbury Publishing USA. This book was released on 2010-07-15 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundless Existence discusses the implicit phenomenological and existential foundations of Schmitt's political philosophy. The book's unique contribution lies in its claim that Schmitt decisively breaks with the metaphysical tradition and predicates the political on the 'groundless' categories of existence, including risk, decision, and agonism. This argument is substantiated by both tacit and explicit existentialist and phenomenological underpinnings of Schmitt's work, discussed here for the first time in book form.The book provides an insight into the implications of Schmitt's thought reconceptualized in the light of contemporary political developments. An essential text for anyone interested in the political theory of Carl Schmitt, it offers a new reading of Schmitt's work against the double background of phenomenology and existentialism.

Law as Politics

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Publisher :
ISBN 13 : 9780822377849
Total Pages : 336 pages
Book Rating : 4.3/5 (778 download)

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Book Synopsis Law as Politics by : David Dyzenhaus

Download or read book Law as Politics written by David Dyzenhaus and published by . This book was released on 2012-10-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: While antiliberal legal theorist Carl Schmitt has long been considered by Europeans to be one of this century's most significant political philosophers, recent challenges to the fundamental values of liberal democracies have made Schmitt's writings an unavoidable subject of debate in North America as well. In an effort to advance our understanding not only of Schmitt but of current problems of liberal democracy, David Dyzenhaus presents translations of classic German essays on Schmitt alongside more recent writings by distinguished political theorists and jurists. Neither a defense of nor an attack on Schmitt, Law as Politics offers the first balanced response to his powerful critique of liberalism. One of the major players in the 1920s debates, an outspoken critic of the Versailles Treaty and the Weimar Constitution, and a member of the Nazi party who provided juridical respectability to Hitler's policies, Schmitt contended that people are a polity only to the extent that they share common enemies. He saw the liberal notion of a peaceful world of universal citizens as a sheer impossibility and attributed the problems of Weimar to liberalism and its inability to cope with pluralism and political conflict. In the decade since his death, Schmitt's writings have been taken up by both the right and the left and scholars differ greatly in their evaluation of Schmitt's ideas. Law as Politics thematically organizes in one volume the varying engagements and confrontations with Schmitt's work and allows scholars to acknowledge--and therefore be in a better position to negotiate--an important paradox inscribed in the very nature of liberal democracy. Law as Politics will interest political philosophers, legal theorists, historians, and anyone interested in Schmitt's relevance to current discussions of liberalism. Contributors. Heiner Bielefeldt, Ronald Beiner, Ernst-Wolfgang Bockenforde, Renato Cristi, David Dyzenhaus, Robert Howse, Ellen Kennedy, Dominique Leydet, Ingeborg Maus, John P. McCormick, Reinhard Mehring, Chantal Mouffe, William E. Scheuerman, Jeffrey Seitzer

The Enemy

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Publisher : Verso
ISBN 13 : 9781859843598
Total Pages : 364 pages
Book Rating : 4.8/5 (435 download)

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Book Synopsis The Enemy by : Gopal Balakrishnan

Download or read book The Enemy written by Gopal Balakrishnan and published by Verso. This book was released on 2000 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Enemy is an inter-textual reconstruction and analysis of Schmitt's major works, presenting an arresting portrait of a writer still considered terra incognita throughout the English speaking world.

The End of Law

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Publisher : Rowman & Littlefield
ISBN 13 : 1786611562
Total Pages : 358 pages
Book Rating : 4.7/5 (866 download)

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Book Synopsis The End of Law by : William E. Scheuerman

Download or read book The End of Law written by William E. Scheuerman and published by Rowman & Littlefield. This book was released on 2019-10-18 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism.

The Concept of the Political

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Publisher : University of Chicago Press
ISBN 13 : 9780226738864
Total Pages : 150 pages
Book Rating : 4.7/5 (388 download)

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Book Synopsis The Concept of the Political by : Carl Schmitt

Download or read book The Concept of the Political written by Carl Schmitt and published by University of Chicago Press. This book was released on 1996-06 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, his most influential work, legal theorist and political philosopher Carl Schmitt argues that liberalism's basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state. This edition of the 1932 work includes the translator's introduction (by George Schwab) which highlights Schmitt's intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. It also includes Leo Strauss's analysis of Schmitt's thesis and a foreword by Tracy B. Strong placing Schmitt's work into contemporary context.

The Crisis of Parliamentary Democracy

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Publisher : MIT Press
ISBN 13 : 9780262691260
Total Pages : 190 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Crisis of Parliamentary Democracy by : Carl Schmitt

Download or read book The Crisis of Parliamentary Democracy written by Carl Schmitt and published by MIT Press. This book was released on 1988-06-22 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. Described both as "the Hobbes of our age" and as "the philosophical godfather of Nazism," Carl Schmitt was a brilliant and controversial political theorist whose doctrine of political leadership and critique of liberal democratic ideals distinguish him as one of the most original contributors to modern political theory. The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. First published in 1923, it has often been viewed as an attempt to destroy parliamentarism; in fact, it was Schmitt's attempt to defend the Weimar constitution. The introduction to this new translation places the book in proper historical context and provides a useful guide to several aspects of Weimar political culture. The Crisis of Parliamentary Democracy is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy.

Carl Schmitt and Authoritarian Liberalism

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Publisher :
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Carl Schmitt and Authoritarian Liberalism by : Renato Cristi

Download or read book Carl Schmitt and Authoritarian Liberalism written by Renato Cristi and published by . This book was released on 1998 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within Germany, Carl Schmitt's status as a political thinker is on a par with Machiavelli and Hobbes. With the rise in neo-conservatism and authoritarian liberalism in less developed countries such as Chile and Singapore, Renato Christi believes Schmitt's theories will become of considerable importance. Nazi Third Reich. His political theories provide an insight into the nature of Conservatism. well as extrapolate possibilities for the future.

The Oxford Handbook of Carl Schmitt

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Publisher : Oxford University Press
ISBN 13 : 0199916934
Total Pages : 873 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Oxford Handbook of Carl Schmitt by : Jens Meierhenrich

Download or read book The Oxford Handbook of Carl Schmitt written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2016 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.

Legality and Legitimacy

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Publisher : Duke University Press
ISBN 13 : 0822385767
Total Pages : 212 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Legality and Legitimacy by : Carl Schmitt

Download or read book Legality and Legitimacy written by Carl Schmitt and published by Duke University Press. This book was released on 2004-02-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.

Political Theology

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Publisher : University of Chicago Press
ISBN 13 : 0226738906
Total Pages : 123 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Political Theology by : Carl Schmitt

Download or read book Political Theology written by Carl Schmitt and published by University of Chicago Press. This book was released on 2010-05-14 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century. Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.

The Contemporary Relevance of Carl Schmitt

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Publisher : Routledge
ISBN 13 : 1317585577
Total Pages : 258 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis The Contemporary Relevance of Carl Schmitt by : Matilda Arvidsson

Download or read book The Contemporary Relevance of Carl Schmitt written by Matilda Arvidsson and published by Routledge. This book was released on 2015-08-20 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt’s positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt’s writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt’s relevance for an understanding of the contemporary world. Engaging the background and intellectual context in which Schmitt wrote his major works – often with reference to both primary and secondary literature unavailable in English – this book will be of enormous interest to legal and political theorists.