Carl Schmitt’s State and Constitutional Theory. A Critical Analysis. Benjamin Schupmann. Oxford Constitutional Theory. Explores Carl Schmitt’s response to the. 5 Nov Seitzer, J. and Thornhill, C. () An introduction to Carl Schmitt’s constitutional theory: Issues and context. In: Seitzer, J. (ed.) Carl Schmitt. This book analyzes Carl Schmitt’s state and constitutional theory and shows how he conceived it in response to the Weimar crisis. Schmitt modeled his theory on.

Author: Shakagami Migal
Country: Cape Verde
Language: English (Spanish)
Genre: Politics
Published (Last): 22 September 2006
Pages: 167
PDF File Size: 8.96 Mb
ePub File Size: 10.90 Mb
ISBN: 800-4-45995-253-6
Downloads: 91651
Price: Free* [*Free Regsitration Required]
Uploader: Dobar

Page numbers if excerpting, provide specifics For coursepacks, please also note: University of Chicago Press. Carl Schmitt — was a conservative German legal, constitutional, and political theorist. But the relation between sovereignty and dictatorship changed in the French revolution. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century.

But, first things first, as befits what was originally intended as a short review article: In Schmitt’s account, this period was not a period of mere constitutiional. This containment of war, Schmitt claims, was premised on the willingness to bracket the question of justice on the level of ius ad bellum.

Oxford Scholarship Online This book is available as part of Oxford Scholarship Online – view abstracts and keywords at book and chapter level. Schmitt’s first reply is based on an interpretation of the nature of European political order carl schmitt constitutional theory connstitutional period from the establishment of the modern carl schmitt constitutional theory state to the beginning of WWI.

Constitutional Theory, Carl Schmitt and the Rechtsstaat

Such oppression, Schmitt argues, does not become any more legitimate where a super-majoritarian requirement is raised and met. Political equality commits us to the denial of natural differences in status among citizens.

Schmitt’s reply to this objection is twofold. Constitutional Theory Carl Schmitt Limited preview – As a result, there would no longer be any project or value that individuals are called upon to serve, whether carl schmitt constitutional theory want to or not, and that can give their life a meaning that transcends the satisfaction of private desires CP 35, 57—8; RK 21—7; PR — The point of this remark is that a state can only be legitimate if its legal boundaries embody a clear friend-enemy distinction.


To claim that they are is to schmity a usurpation of the constituent power of the people by a mere party or faction CT 77—82, — First, it implies that every carl schmitt constitutional theory political community must claim a legally unrestricted ius ad bellum. It would be possible, moreover, to identify the outcomes of the political process with the will carl schmitt constitutional theory the people, and to consider them democratically legitimate, even if some citizens find themselves in a temporary minority.

Carl Schmitt (Stanford Encyclopedia of Philosophy)

Alert me to new issues of telos. Users without a subscription are not able to see the full content. A group that perceives its own existence to be threatened by some other group, Carl schmitt constitutional theory argues, finds itself in an analogous position. But Schmitt suggests that this secular version of a negative political anthropology is theofy to be transformed into the view that man, though by carl schmitt constitutional theory dangerous, is perfectible or into the view that man’s dangerous behavior is a cxrl contingent consequence of a mistaken form of social organization PT 53—66; L 31—9.

Carl Schmitt

And in this limited carl schmitt constitutional theory, Schmitt is right to appeal to Hobbes’s dictum that it is authority and not truth that makes the law. Legal norms, Schmitt argues, cannot be applied to a chaos. The culmination of Schmitt’s work in the Weimar period, and arguably his greatest achievement, is the Constitutional Theorywhich systematically applied Schmitt’s political theory to the interpretation of the Weimar constitution.

Schupmann develops a crucial dimension of the work of Carl Schmitt, the theorist of militant democracy.

In Constitutional TheorySchmitt provides a highly distinctive and carl schmitt constitutional theory interpretation of the Weimar Constitution.

Seitzer’s translation is readable and faithful to the original. The theological partisan of the political, in Schmitt’s view, is as justified in practicing his creed as the liberal cosmopolitan and to engage in a deliberate cultivation of political enmity CPD 65— If there is some person or institution, in a given polity, capable of bringing about a total suspension of the law and then to use extra-legal force to normalize the situation, then that person or institution is the sovereign in that polity PT 5.


He needs to argue that it is undesirable even if it could be achieved Strauss Related Content Load related web page information. Read constituhional with The Concept of the PoliticalConstitutional Theory presages an ominous grouping of mutually hostile nation-states, each formed on the basis of a homogeneous people that has willed its separateness and is enclosed by impermeable boundaries.

It therefore seems unnecessary to postulate a radical discontinuity between Schmitt’s views before and after Dyzenhaus82—; Carl schmitt constitutional theory ; Scheuerman—39; Hofmann— Constitutional Theory Carl Schmitt No preview available – Carl schmitt constitutional theory order for the law to become effective, there needs to be an authority that decides how to apply general legal rules to concrete cases and how to deal with problems schjitt contested interpretation or under-determination.

Schmitt’s conception of politics tends to radically dissociate democracy from liberalism and, more controversially, from the constituted, rule-bound practices carl schmitt constitutional theory popular election and parliamentary legislation that characterize the ordinary conwtitutional of modern democracy. But that a world in which one does not have the opportunity to transcend one’s interest carl schmitt constitutional theory individual contentment in the service of schmitf higher value would be shallow and meaningless does not suffice to establish that a willingness to kill or to die for a political community will confer meaning on a life, much less that it is the only thing that can do so.