The Dual State Wilson, Eric
2012, 20160323, 2016-03-24, 2012-11-30
eBook
This volume presents a practical demonstration of the relevance of Carl Schmitt's thought to parapolitical studies, arguing that his constitutional theory is the one best suited to investing the ...'deep state' with intellectual and doctrinal coherence.
Critiquing Schmitt's work from a variety of intellectual perspectives, the chapters discuss current parapolitical reality within the domain of criminology, the parapolitical nature of both the dual state and the national security state corporate complex. Using the USA as a prime example of the world's current dual or 'deep political state', the criminogenic dimensions of the parapolitical systems of post 9/11 America are discussed. Using case studies, the dual state is examined as the causal factor of inexplicable parapolitical events within both the developed and developing world, including Sweden, Canada, Italy, Turkey, and Africa.
Although the modern age is often described as the age of democratic revolutions, the subject of popular founding has not captured the imagination of contemporary political thought. Most of the time, ...democratic theory and political science treat as the object of their inquiry normal politics, institutionalized power, and consolidated democracies. This study shows why it is important for democratic theory to rethink the question of democracy's beginnings. Is there a founding unique to democracies? Can a democracy be democratically established? What are the implications of expanding democratic politics in light of the question of whether and how to address democracy's beginnings? Kalyvas addresses these questions and scrutinizes the possibility of democratic beginnings in terms of the category of the extraordinary, as he reconstructs it from the writings of Max Weber, Carl Schmitt, and Hannah Arendt and their views on the creation of new political, symbolic, and constitutional orders.
An unrepentant Nazi, Carl Schmitt remains one of the most divisive figures in twentieth century political thought. In recent years, his ideas have attracted a new and growing audience. This book ...seeks to cut through the controversy surrounding Schmitt to analyse his ideas on world order. In so doing, it takes on board Schmitt's critique of the condition of order in late modernity, and considers Schmitt's continued relevance. Consideration is given to the two devices Schmitt deploys, the Grossraum and the Partisan, and argues that neither concept lives up to its claim to transcend or reform Schmitt's pessimistic history of the state. The author concludes that Schmitt's continuing value lies in his provocative historical critique, rather than his conceptual innovation.
The writings of Carl Schmitt are now indissociable from both an historical period and a contemporary moment. He will forever be remembered for his association with the National Socialists of 1930s ...Germany, and as the figure whose writings on sovereignty, politics, and the law provided justification for authoritarian, decisional states. Yet at the same time, the post-September 11 th 2001 world is one in which a wide range of scholars have increasingly turned to Schmitt to understand a world of "with us or against us" Manichaeism, spaces of exception which seem to be placed outside the law by legal mechanisms themselves, and the contestation of a uni-polar, post-1989 world. This attention marks out Schmitt as one of the foremost emerging theorists in critical theory and assures his work a large and growing audience.
This work brings together geographers, and Schmitt experts who are attuned to the spatial dimensions of his work, to discuss his 1950 work The Nomos of the Earth in the International Law of the Jus Publicum Europaeum . Explaining the growing audience for Schmitt’s work, a broad range of contributors also examine the Nomos in relation to broader debates about enmity and war, the production of space, the work of Michel Foucault and Giorgio Agamben, and the recuperability of such an intellect tainted by its anti-Semitism and links to the Nazi party.
This work will be of great interest to researchers in political theory, socio-legal studies, geopolitics and critical IR theory
Stephen Legg is Associate Professor in Geography at the University of Nottingham. He researches twentieth-century colonial India, deploying theoretical insights from literatures addressing governmentality, memory and scale.
1. Introduction: Geographies of the Nomos Stephen Legg and Alex Vasudevan Part I: Positions and Concepts: Schmitt Translations notes on translations: Matthew Hannah 2. Forms of modern imperialism in international law Carl Schmitt 1933, Trans Matthew Hannah 3. Großraum versus universalism: the International Legal Struggle over the Monroe Doctrine Carl Schmitt 1939, Trans Matthew Hannah Part II: Historical geographies of the nomos 4. Appropriating, Distributing, and Producing Space after 9/11: the Newest Nomos of the Earth? Timothy Luke 5. Echoes of Schmitt among the ideologists of the new American Empire Gerry Kearns 6. Reading Schmitt Geopolitically: Nomos, Territory and Großraum Stuart Elden 17. "Inter-war spatial chaos"? Imperialism, internationalism and the League of Nations Stephen Legg Part III:Analytical Geographies of the Nomos 8. Colonial War: Carl Schmitt’s Deterritorialization of Enmity Mathew Coleman 9. A New Nomos of Post-Nomos? Multipolarity, Space, and Constituent Power Rory Rowan 10. Carl Schmitt and the Question of Spatial Ontology Claudio Minca 11. Between Nomos and Everyday Life: Securing the Spatial Order of Foucault and Schmitt Peter Rogers Part IV: Responses to the Nomos 12. Remembering Nazi Intellectuals David Atkinson 13. Partisan Space Daniel Clayton 14. The Virtual Nomos? Francois Debrix 15. Pastoral Power Matthew Hannah 16. Mapping Schmitt Michael Heffernan 17. Air Power Nasser Hussain 18. Postcolonialism Julia Lossau 19. Land and Sea Eduardo Mendieta 20. Free Sea Philip E Steinberg 21. No Peace Beyond the Line Peter Stirk 22. The Border Nick Vaughan-Williams 23. Ordnung und Ortung /order and localisation Thalin Zarmanian
This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It ...includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on presidential dictatorship under Article 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories.
This article addresses Schmitt’s concept of sovereign dictatorship—a departure from the normal legal order aiming to bring about a new mode of legality—as applied to the Marxist, and then Soviet, ...“dictatorship of the proletariat.” Unlike Schmitt, Marx and Engels, as well as Soviet legal theorists, saw the space for law even while aiming to dispense with the legal form on the road to communism. This is best explained by Schmitt’s failure to recognize the importance of legal systems not only for controlling social conflict, but also for coordination, the need for which does not disappear in extraordinary circumstances.
*This article was initially written as part of my LLM studies at Harvard Law School. I thank my supervisor, Professor Adrian Vermeule, for his guidance and advice, as well as other friends (and enemies) for motivating my project. I am also grateful to the Ratio Juris production team for their exceptionally thorough editing of my original text. Any mistakes remain my own.
By re-examining the political thought of Max Weber, Carl Schmitt and Hans Kelsen, this book offers a reflection on the nature of modern democracy and the question of its legitimacy. Pedro T. ...Magalhães shows that present-day elitist, populist and pluralist accounts of democracy owe, in diverse and often complicated ways, an intellectual debt to the interwar era, German-speaking, scholarly and political controversies on the problem(s) of modern democracy. A discussion of Weber’s ambivalent diagnosis of modernity and his elitist views on democracy, as they were elaborated especially in the 1910s, sets the groundwork for the study. Against that backdrop, Schmitt’s interwar political thought is interpreted as a form of neo-authoritarian populism, whereas Kelsen evinces robust, though not entirely unproblematic, pluralist consequences. In the conclusion, the author draws on Claude Lefort’s concept of indeterminacy to sketch a potentially more fruitful way than can be gleaned from the interwar German discussions of conceiving the nexus between the elitist, populist and pluralist faces of modern democracy. The Legitimacy of Modern Democracy will be of interest to political theorists, political philosophers, intellectual historians, theoretically oriented political scientists, and legal scholars working in the subfields of constitutional law and legal theory.
Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and ...the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his own work between a purpose-governed form of state and a law-governed form to Oakeshott. However, the three have until now rarely been considered together, something which will be ever more apparent as political theorists, lawyers and theorists of international relations turn to the foundational texts of twentieth-century thought at a time when debate about liberal democratic theory might appear to have run out of steam.
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.
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