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Encyclopedia > Carl Schmitt

Carl Schmitt (July 11, 1888April 7, 1985) was a German jurist, political theorist, and professor of law. Image File history File links Emblem-important. ... is the 192nd day of the year (193rd in leap years) in the Gregorian calendar. ... For the toll-free telephone number see Toll-free telephone number Year 1888 (MDCCCLXXXVIII) was a leap year starting on Sunday (click on link for calendar) of the Gregorian calendar (or a leap year starting on Friday of the 12-day slower Julian calendar). ... April 7 is the 97th day of the year in the Gregorian calendar (98th in leap years). ... This article is about the year. ... A political theorist is someone who engages in political theory. ...


Schmitt was born the son of a small businessman in Plettenberg, Westphalia on July 11, 1888; he studied political science and law in Berlin, Munich and Strasbourg and took his graduation and state exams in the then-German Strasbourg in 1915. In 1916 he married his first wife, Pawla Dorotic a Serbian woman. They were divorced in 1924. In 1925 he married his second wife, Duska Todorovic, also Serbian - they had one daughter, called Anima. Schmitt became professor at the University of Berlin in 1933, the same year that he entered the Nazi party (NSDAP). Schmitt remained a party member until the end of the war, and never recanted his party membership. He has been called the "Crown Jurist of the Third Reich."[1] His ideas have attracted and continue to attract the attention of several philosophers and political theorists, including Walter Benjamin, Leo Strauss, Jacques Derrida, Giorgio Agamben, and Chantal Mouffe. Schmitt's texts were introduced to English speaking readers by Telos Press, especially in the pages of its journal wherein his legacy is subject to extensive discussion. Location of Plettenberg in Germany Plettenberg is a city in North Rhine-Westphalia, Germany. ... For other places named Westphalia, see Westphalia (disambiguation). ... is the 192nd day of the year (193rd in leap years) in the Gregorian calendar. ... For the toll-free telephone number see Toll-free telephone number Year 1888 (MDCCCLXXXVIII) was a leap year starting on Sunday (click on link for calendar) of the Gregorian calendar (or a leap year starting on Friday of the 12-day slower Julian calendar). ... The Politics series Politics Portal This box:      Political Science is the field concerning the theory and practice of politics and the description and analysis of political systems and political behaviour. ... For other uses, see Law (disambiguation). ... This article is about the capital of Germany. ... For other uses, see Munich (disambiguation). ... For other uses, see Strasburg. ... Year 1915 (MCMXV) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Thursday[1] of the 13-day-slower Julian calendar). ... 1916 (MCMXVI) was a leap year starting on Saturday (link will display the full calendar). ... For the rap album, see 1924 (album). ... Year 1925 (MCMXXV) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar. ... Year 1933 (MCMXXXIII) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... The Nazi swastika The National Socialist German Workers Party (German: Nationalsozialistische Deutsche Arbeiterpartei), better known as the NSDAP or the Nazi Party was a political party that was led to power in Germany by Adolf Hitler in 1933. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... Walter Bendix Schönflies Benjamin (July 15, 1892 – September 27, 1940) was a German Marxist literary critic, essayist, translator, and philosopher. ... Leo Strauss (September 20, 1899 – October 18, 1973), was a German-born political philosopher who specialized in the study of classical political philosophy. ... Jacques Derrida (IPA: in French [1], in English ) (July 15, 1930 – October 8, 2004) was an Algerian-born French philosopher, known as the founder of deconstruction. ... Giorgio Agamben (born 1942) is an Italian philosopher who teaches at the Università IUAV di Venezia. ... Chantal Mouffe (born 1943) is a Belgian political theorist. ... TELOS was founded in May 1968 to provide the New Left with a coherent theoretical perspective. ...

Contents

Writings

On Dictatorship (1921)

In 1921, Schmitt became a professor at the University of Greifswald, where he published his essay "Die Diktatur" ("On Dictatorship"), in which he discussed the foundations of the newly-established Weimar Republic, emphasising the office of the Reichspräsident. 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: Year 1921 (MCMXXI) was a common year starting on Saturday (link will display the full calendar). ... Greifswald (from German Greif, griffin, and Wald, forest) is a town in northeastern Germany. ... Forms of government Part of the Politics series Politics Portal This box:      A dictatorship is an autocratic form of government in which the government is ruled by a dictator. ... Anthem Das Lied der Deutschen Germany during the Weimar period, with the Free State of Prussia (in blue) as the largest state Capital Berlin Language(s) German Government Republic President  - 1918-1925 Friedrich Ebert  - 1925-1933 Paul von Hindenburg Chancellor  - 1919 Philipp Scheidemann(first)  - 1933 Kurt von Schleicher (last) Legislature... It has been suggested that this article or section be merged with President of Germany. ...


“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.”[citation needed]


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 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 sovereignty as the power to decide the instauration (establishment) of state of exception, as Giorgio Agamben has noted. According to Agamben,[1] 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 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 Homo sacer. A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. ... “Sovereign” redirects here. ... A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. ... Giorgio Agamben (born 1942) is an Italian philosopher who teaches at the Università IUAV di Venezia. ... Walter Bendix Schönflies Benjamin (July 15, 1892 – September 27, 1940) was a German Marxist literary critic, essayist, translator, and philosopher. ... Homo sacer (Latin for the sacred man) is an obscure figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual. ...


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 Constitution", but rather to create another Constitution. This is how he theorized Hitler's continual suspension of the legal constitutional order during the Third Reich (The Weimar Republic's Constitution was never abrogated, underlined Giorgio Agamben [citation needed] rather, it was "suspended" for four years first at February 28, 1933 Reichstag Fire Decree and the suspension was renewed every four years similar to a - continual - state of emergency). Adolf Hitler Adolf Hitler (April 20, 1889 – April 30, 1945, standard German pronunciation in the IPA) was the Führer (leader) of the National Socialist German Workers Party (Nazi Party) and of Nazi Germany from 1933 to 1945. ... Nazi Germany, or the Third Reich, commonly refers to Germany in the years 1933–1945, when it was under the firm control of the totalitarian and fascist ideology of the Nazi Party, with the Führer Adolf Hitler as dictator. ... Anthem Das Lied der Deutschen Germany during the Weimar period, with the Free State of Prussia (in blue) as the largest state Capital Berlin Language(s) German Government Republic President  - 1918-1925 Friedrich Ebert  - 1925-1933 Paul von Hindenburg Chancellor  - 1919 Philipp Scheidemann(first)  - 1933 Kurt von Schleicher (last) Legislature... A German newspapers final issue, announcing its own prohibition (Verbot) by the police authorities on the basis of the Reichstag fire decree The Reichstag Fire Decree (Reichstagsbrandverordnung in German) is the common name of the decree issued by German president Paul von Hindenburg in direct response to the Reichstag...


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. [according to generation online.org]


Political Theology (1922)

This was followed by another essay in 1922, titled "Politische Theologie" ("Political Theology"); in it, Schmitt, who at the time was working as a professor at the University of Bonn, gave further substance to his authoritarian theories, effectively denying free will based on a catholic 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 rule of law in the public interest. (See discussion of "On Dictatorship," above.) Schmitt opposes this definition to those offered by contemporary theorists of sovereignty, particularly Hans Kelsen, whose work is criticized at several points in the essay. Year 1922 (MCMXXII) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... Theology finds its scholars pursuing the understanding of and providing reasoned discourse of religion, spirituality and God or the gods. ... The University of Bonn (German: Rheinische Friedrich-Wilhelms-Universität Bonn) is a public research university located in Bonn, Germany. ... Free-Will is a Japanese independent record label founded in 1986. ... The rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. ... Hans Kelsen Hans Kelsen (Prague, October 11, 1881 – April 19, 1973) was an Austrian -American jurist of Jewish descent. ...


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. Niccolò Machiavelli, ca 1500, became the key figure in realistic political theory, crucial to political science Political Science is the systematic study of the allocation and transfer of power in decision making. ... Theology finds its scholars pursuing the understanding of and providing reasoned discourse of religion, spirituality and God or the gods. ...


Another 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 take exception to his fundamentally authoritarian 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 political philosophy. Forms of government Part of the Politics series Politics Portal This box:      Totalitarianism is a term employed by some scientists, especially those in the field of comparative politics, to describe modern regimes in which the state regulates nearly every aspect of public and private behavior. ... A parliamentary system, or parliamentarism, is distinguished by the executive branch of government being dependent on the direct or indirect support of the parliament, often expressed through a vote of confidence. ... A political party is a political organization subscribing to a certain ideology or formed around very special issues. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... The term authoritarian is used to describe an organization or a state which enforces strong and sometimes oppressive measures against the population, generally without attempts at gaining the consent of the population. ... The Politics series Politics Portal This box:      Political philosophy is the study of fundamental questions about the state, government, politics, liberty, justice, property, rights, law and the enforcement of a legal code by authority: what they are, why (or even if) they are needed, what makes a government legitimate, what...


The Concept of the Political

Schmitt changed universities in 1926, when he became professor for law at the Hochschule für Politik in Berlin, and again in 1932, when he accepted a position in Cologne. It was in Cologne, too, that he wrote his most famous paper, "Der Begriff des Politischen" ("The Concept of the Political"), 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. Year 1926 (MCMXXVI) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar. ... This article is about the capital of Germany. ... Year 1932 (MCMXXXII) was a leap year starting on Friday (the link will display full 1932 calendar) of the Gregorian calendar. ... The University of Cologne (German Universität zu Köln) is one of the oldest universities in Europe and, with over 44. ...


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 SPD-led government of the state of Prussia disputed its dismissal by the right-wing von Papen government. Papen was motivated to make this move because Prussia, by far the largest state in Germany, 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 Hermann Heller. In German history, this struggle leading to the de facto destruction of federalism in the Weimar republic is known as the 'Preußenschlag'. For other uses, see Prussia (disambiguation). ... Franz Joseph Hermann Michael Maria von Papen (29 October 1879 – 2 May 1969) was a German nobleman Catholic politician, General Staff officer, and diplomat, who served as Chancellor of Germany in 1932. ... Hermann Heller Hermann Heller (17 July 1891 in Teschen, Silesia - 5 November 1933) was a German-Austrian legal scholar and philosopher active in the non-Marxist wing of the German Social Democratic Party (SPD) during the Weimar Republic. ...


"The Nomos of the Earth" (1950)

Influence

Through Giorgio Agamben, Chantal Mouffe 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 sovereign; the problem of a "state of exception", etc. Giorgio Agamben (born 1942) is an Italian philosopher who teaches at the Università IUAV di Venezia. ... Chantal Mouffe (born 1943) is a Belgian political theorist. ... “Sovereign” redirects here. ... State of Exception may mean: State of Exception (2005), a book written by Giorgio Agamben State of emergency, a government alert A concept in the legal theory of Carl Schmitt, similar to a state of emergency, but based in the sovereigns ability to transcend the rule of law for...


Schmitt’s influence has also recently been seen as consequential for those interested in contemporary political theology, which is much influenced by Schmitt's argument that political concepts are secularized theological concepts. 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. Political theology is a branch of both political philosophy and theology that investigates the ways in which theological concepts or ways of thinking underlie political, social, economic and cultural discourses. ... Jacob Taubes (born 1923 in Vienna, died March 21, 1987 in Berlin) was a sociologist of religion, philosopher, and scholar of Judaism. ... Paul of Tarsus (b. ...


Nazi years

Carl Schmitt, who became a professor at the University of Berlin in 1933 (a position he held until the end of World War II) joined the NSDAP on May 1, 1933; he quickly was appointed "Preußischer Staatsrat" by Hermann Göring 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 Nazi dictatorship, and a justification of the "Führer" state with regard to legal philosophy, in particular through the concept of auctoritas. This article is about the capital of Germany. ... Year 1933 (MCMXXXIII) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... The Nazi swastika The National Socialist German Workers Party (German: Nationalsozialistische Deutsche Arbeiterpartei), better known as the NSDAP or the Nazi Party was a political party that was led to power in Germany by Adolf Hitler in 1933. ... is the 121st day of the year (122nd in leap years) in the Gregorian calendar. ... Year 1933 (MCMXXXIII) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... Hermann Wilhelm Göring ( ) (also Goering in English) (January 12, 1893 – October 15, 1946) was a German politician and military leader, a leading member of the Nazi Party, second in command of the Third Reich, and commander of the Luftwaffe. ... Nazism in history Nazi ideology Nazism and race Outside Germany Related subjects Lists Politics Portal         Nazism or National Socialism (German: Nationalsozialismus), refers primarily to the ideology and practices of the Nazi Party (National Socialist German Workers Party, German: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP) under Adolf Hitler. ... Nazi propaganda poster. ... Auctoritas is the Latin origin of English authority. According to Benveniste [citation?], auctor (which also gives us English author) is derived from Latin augeó (to augment): The auctor is is qui auget, the one who augments the act or the juridical situation of another. ...


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 Night of the Long Knives as the "highest form of administrative justice" ("höchste Form administrativer Justiz"). [citation needed] Year 1934 (MCMXXXIV) was a common year starting on Monday (link will display full 1934 calendar) of the Gregorian calendar. ... Year 1934 (MCMXXXIV) was a common year starting on Monday (link will display full 1934 calendar) of the Gregorian calendar. ... For other uses, see Night of the Long Knives (disambiguation). ...


Schmitt presented himself as a radical anti-semite and also was the chairman of a law teachers' convention in Berlin 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 SS publication Das schwarze Korps 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 [citation needed]. 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. The Eternal Jew: 1937 German poster. ... Metro Toronto Convention Centre, late 2004. ... This article is about the capital of Germany. ... 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will take you to calendar). ... SS or ss or Ss may be: The Schutzstaffel, a Nazi paramilitary force Steamship (SS) (ship prefix) The United States Secret Service A submarine not powered by nuclear energy (SS) (United States Navy designator), see SSN A Soviet/Russian surface-to-surface missile, as listed by NATO reporting name Shortstop... Das Schwarze Korps (The Black Corps), the official SS newspaper. ... Nazism in history Nazi ideology Nazism and race Outside Germany Related subjects Lists Politics Portal         Nazism or National Socialism (German: Nationalsozialismus), refers primarily to the ideology and practices of the Nazi Party (National Socialist German Workers Party, German: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP) under Adolf Hitler. ... Nazism in history Nazi ideology Nazism and race Outside Germany Related subjects Lists Politics Portal         Nazism or National Socialism (German: Nationalsozialismus), refers primarily to the ideology and practices of the Nazi Party (National Socialist German Workers Party, German: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP) under Adolf Hitler. ...


Post World War II life

In 1945, Schmitt was captured by the American forces; after spending more than a year in an internment camp, he returned to his home town of Plettenberg following his release in 1946, 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 international law 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 Ernst Jünger, Jacob Taubes, and Alexandre Kojève. Year 1945 (MCMXLV) was a common year starting on Monday (link will display the full calendar). ... Location of Plettenberg in Germany Plettenberg is a city in North Rhine-Westphalia, Germany. ... Year 1946 (MCMXLVI) was a common year starting on Tuesday (link will display full 1946 calendar) of the Gregorian calendar. ... This article or section is in need of attention from an expert on the subject. ... the first thing that was invented was the automatic DILDO. Education grew explosively because of a very strong demand for high school and college education. ... Ernst Jünger Ernst Jünger, (March 29, 1895 – February 17, 1998) was a German author of novels and accounts of his war experiences. ... Jacob Taubes (born 1923 in Vienna, died March 21, 1987 in Berlin) was a sociologist of religion, philosopher, and scholar of Judaism. ... Alexandre Kojève (Александр Владимирович Кожевников, Aleksandr Vladimirovič Koževnikov) (April 28, 1902 – June 4, 1968) was a Marxist and Hegelian political philosopher, who had a substantial influence on Twentieth-Century French Philosophy. ...


In 1962, Schmitt gave lectures in Francoist Spain, two of them giving rise to the publication, the following year, of Theory of the Partisan (Telos Press, 2007), in which he qualified the Spanish civil war 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. History of Spain Series Prehistoric Spain Roman Spain Medieval Spain Age of Reconquest Age of Expansion Age of Enlightenment Reaction and Revolution First Spanish Republic The Restoration Second Spanish Republic Spanish Civil War The Dictatorship Modern Spain Topics Economic History Military History Social History The Spanish Civil War officially ended... Not to be confused with the Spanish Civil War of 1820-1823. ...


Schmitt died on April 7, 1985 and is buried in Plettenberg. April 7 is the 97th day of the year in the Gregorian calendar (98th in leap years). ... This article is about the year. ... Location of Plettenberg in Germany Plettenberg is a city in North Rhine-Westphalia, Germany. ...


Legacy

Despite recent excuses for Schmitt’s conduct during the Nazi era - no such apologies were issued by Schmitt himself during his lifetime - Schmitt, along with the early Heidegger, lent his considerable authority to the Nazi regime, and played a leading role in constructing the legal basis that justified its seizure of power. Nazism in history Nazi ideology Nazism and race Outside Germany Related subjects Lists Politics Portal         Nazism or National Socialism (German: Nationalsozialismus), refers primarily to the ideology and practices of the Nazi Party (National Socialist German Workers Party, German: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP) under Adolf Hitler. ... Martin Heidegger Martin Heidegger (September 26, 1889 – May 26, 1976) was a German philosopher. ...


It seems unlikely that a political mind as insightful as Schmitt’s could have been mistaken about the true nature of the NSDAP and its leadership. Schmitt clearly favored a strong, even dictatorial executive. Some have wondered whether he was looking forward to the Führer regime of Hitler or backward to the authoritarian regime of Otto von Bismarck. However, Schmitt showed only contempt in Die Diktatur (1921) for the "chief constable dictature", to which he opposed "sovereign dictature". The Nazi swastika The National Socialist German Workers Party (German: Nationalsozialistische Deutsche Arbeiterpartei), better known as the NSDAP or the Nazi Party was a political party that was led to power in Germany by Adolf Hitler in 1933. ... Adolf Hitler Adolf Hitler (April 20, 1889 – April 30, 1945, standard German pronunciation in the IPA) was the Führer (leader) of the National Socialist German Workers Party (Nazi Party) and of Nazi Germany from 1933 to 1945. ... Alternate meanings: See Bismarck (disambiguation). ...


It may be called one of the many ironies of Schmitt’s story that, at the very moment of Nazi triumph, he decisively declared his support for a regime that ultimately had little use for someone like him. Yet the fact remains that Schmitt tried to use his status within the NS Party to make himself the foremost authority in his field in Nazi Germany.


See also

Peace Palace in The Hague Command responsibility, sometimes referred to as the Yamashita standard, or the Medina standard is the doctrine of hierarchical accountability in cases of war crimes. ... Giorgio Agamben (born 1942) is an Italian philosopher who teaches at the Università IUAV di Venezia. ... Walter Bendix Schönflies Benjamin (July 15, 1892 – September 27, 1940) was a German Marxist literary critic, essayist, translator, and philosopher. ... Martin Heidegger (September 26, 1889 – May 26, 1976) (pronounced ) was a highly influential German philosopher. ... Joseph de Maistre (portrait by Karl Vogel von Vogelstein, 1810) Joseph-Marie, Comte de Maistre (April 1, 1753- February 26, 1821) was a French-speaking Savoyard lawyer, diplomat, writer, and philosopher. ... Chantal Mouffe (born 1943) is a Belgian political theorist. ... Hermann Heller Hermann Heller (17 July 1891 in Teschen, Silesia - 5 November 1933) was a German-Austrian legal scholar and philosopher active in the non-Marxist wing of the German Social Democratic Party (SPD) during the Weimar Republic. ... Hans Kelsen Hans Kelsen (Prague, October 11, 1881 – April 19, 1973) was an Austrian -American jurist of Jewish descent. ... Leo Strauss (September 20, 1899 – October 18, 1973), was a German-born political philosopher who specialized in the study of classical political philosophy. ...

References

  1. ^ State of Exception (2005), pp. 52-55.

English translations of Carl Schmitt

Note: a complete bibliography of all English translations of Schmitt's books, articles, essays, and correspondence is available here.

  • The Concept of the Political. George D. Schwab, trans. (University of Chicago Press, 1996). 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. (Telos Press, 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). 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. (Telos Press, 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.

George D. Schwab (born November 25, 1931) is the president of the National Committee on American Foreign Policy, a non-partisan foreign policy think tank. ...

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).

Secondary literature

  • Giorgio Agamben, Homo Sacer: Sovereign Power and Bare Life (1998).
  • Giorgio Agamben, State of Exception (2005).
  • Gopal Balakrishnan, The Enemy (2000). Reviewed here.
  • Eckard Bolsinger, The Autonomy of the Political: Carl Schmitt's and Lenin's Political Realism (2001)
  • Jacques Derrida, "Force of Law: The 'Mystical Foundation of Authority'," in Acts of Religion (2002).
  • Jacques Derrida, Politics of Friendship (1997).
  • Michael Hardt & Antonio Negri, Empire (2000).
  • Chantal Mouffe (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

Giorgio Agamben (born 1942) is an Italian philosopher who teaches at the Università IUAV di Venezia. ... Homo sacer (Latin for the sacred man) is an obscure figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual. ... Giorgio Agamben (born 1942) is an Italian philosopher who teaches at the Università IUAV di Venezia. ... Jacques Derrida (IPA: in French [1], in English ) (July 15, 1930 – October 8, 2004) was an Algerian-born French philosopher, known as the founder of deconstruction. ... Jacques Derrida (IPA: in French [1], in English ) (July 15, 1930 – October 8, 2004) was an Algerian-born French philosopher, known as the founder of deconstruction. ... This article does not cite any references or sources. ... Antonio Toni Negri (born August 1, 1933) is an Italian Marxist political philosopher. ... {{ otheruses4|Empire (Book)|novels|Empire (2006 novel)]] or [[Empire (1987 novel) }} Cover of the Swedish edition (Imperiet) Empire is a text written by Marxist philosophers Antonio Negri and Michael Hardt. ... Chantal Mouffe (born 1943) is a Belgian political theorist. ...

External links

Wikiquote has a collection of quotations related to:
Carl Schmitt
  • Carl Schmitt in the German National Library catalogue
  • The Return of Carl Schmitt by Scott Horton Balkinization 7 November 2005 — discusses the continuing influence of Schmitt's legal theories in modern American politics
  • Focus on the International Theory of Carl Schmitt in the Leiden Journal of International Law (LJIL). Contributions by Louiza Odysseos and Fabio Petito, Robert Howse, Jörg Friedrichs, Christoph Burchard and Thalin Zarmanian.
  • TELOS, 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 SAQ: South Atlantic Quarterly, volume 104, number 2. William Rasch, special issue editor.
  • " A Fascist Philosopher Helps Us Understand Contemporary Politics" by Alan Wolfe. Chronicle of Higher Education, April 2, 2004
  • "Carl Schmitt and Nuremberg" by Joseph W. Bendersky, Telos Press, July 19, 2007.
Persondata
NAME Schmitt, Carl
ALTERNATIVE NAMES
SHORT DESCRIPTION German jurist, political theorist, and professor of law
DATE OF BIRTH July 11, 1888
PLACE OF BIRTH Plettenberg, Westphalia
DATE OF DEATH April 7, 1985
PLACE OF DEATH

  Results from FactBites:
 
Carl Schmitt - Wikipedia, the free encyclopedia (1334 words)
Schmitt was born the son of a small businessman in Plettenberg, Westphalia on July 11, 1888; he studied political science and law in Berlin, Munich and Strasbourg and took his graduation and state exams in the then-German Strasbourg in 1915.
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.
Carl Schmitt - definition of Carl Schmitt in Encyclopedia (758 words)
Schmitt was born as the son of a businessman in Plettenberg, Westphalia on July 11 1888; he studied state theory and law in Berlin, Munich and Straßburg and took his graduation and State promotion exams in Straßburg in 1915.
Schmitt's theories in this paper were later used by the Nazis for an ideological foundation of their dictatorship, and Schmitt was later accused of having justified the "Führer" state with regard to legal philosphy.
Schmitt clearly favored a strong, even dictatorial executive, but it is an open question as to whether he was looking forward to the Führer regime of Hitler or backward to the authoritarian regime of Otto von Bismarck—if we are charitably inclined, it seems possible he mistook one for the other.
  More results at FactBites »

 
 

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