“<i>Law as Politics</i> reveals the full force of Schmitt’s challenge to the pieties of liberal thought, as well as providing ample ammunition for those eager to meet it. In so doing, it significantly elevates the level of the English-language discussion of this powerful and troubling thinker.”-Martin Jay, University of California at Berkeley “Everybody interested in the workings of the modern state in good and hard times and its prospects for the future will profit from reading these essays on this famous and infamous German legal theorist.”-Winfried Bruger, UniversitÄt Heidelberg
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
Acknowledgments
Introduction: Why Carl Schmitt? / David Dyzenhaus
PART I: POLITICAL THEORY AND LAW
Carl Schmitt’s Critique of Liberalism: Systematic Reconstruction and Countercriticism / Heiner Bielefeldt
The Concept of the Political: A Key to Understanding Carl Schmitt’s Constitutional Theory / Ernst-Wolfgang Bockenforde
From Legitimacy to Dictatorship - and Back Again: Leo Strauss’s Critique of the Anti-Liberalism of Carl Schmitt / Ellen Kennedy
Pluralism and the Crisis of Parliamentary Democracy / Dominique Leydet
Liberalism as a “Metaphysical System”: The Methodological Structure of Carl Schmitt’s Critique of Political Rationalism / Reinhard Mehring
Carl Schmitt and the Paradox of Liberal Democracy / Chantal Mouffe
PART II: LEGAL THEORY AND POLITICS
Carl Schmitt on Sovereignty and Constituent Power / Renato Cristi
The 1933 “Break” in Carl Schmitt’s Theory / Ingeborg Maus
The Dilemmas of Dictatorship: Carl Schmitt and Constitutional Emergency Powers / John P. McCormick
Revolutions and Constitutions: Hannah Arendt’s Challenge to Carl Schmitt / William E. Scheuerman
Carl Schmitt’s Internal Critique of Liberal Constitutionalsim: Verfassungslehre as a Response to the Weimar State Crisis / Jeffrey Seitzer
Notes on Contributors
Index
Produktdetaljer
Biografisk notat
David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto and author of Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar.