December 21, 2018

Carl Schmitt was a conservative German jurist and political theorist. Schmitt wrote extensively about the effective wielding of. Antaki, Mark. “Carl Schmitt’s Nomos of the Earth.” Osgoode Hall Law Journal (): Carl Schmitt offers a fundamental criticism of a way of thinking about politics and Nomos of the Earth, a translation of a book first published in , is the most.

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University of Chicago Press,pp. The national socialist movement, ghe Schmitt’s view, had managed to orchestrate an exercise of constituent power and to create a new constitution; one that was willing to draw uncompromising distinctions between the German people and its internal and external enemies.

The reduction of political conflict to territorial conflict would be impossible if political allegiances were spread out across borders.

Nomos of the Earth

In scmitt of his firm commitment to the nonaggression principle, his criticisms of collective security and interventionism parallel those of Schmitt. As the Dutch carried out the attack, they should receive the booty. The exclusionary nature of the friend-enemy distinction that is to be enforced through extra-legal sovereign dictatorship, to provide a basis for the normal functioning of the constitutional order, throws further doubt on the democratic nature of Schmitt’s constitutional theory see Kraft—Fuchs ; Vinx a.

Schmitt asserts that the “First World War began in August as a European state war in the old style. Rather, it actively constitutes the political identity or existence of the people and determines who belongs to the people. Order and OrientationCambridge: Schmitt is often considered to be one of the most important critics of liberalism, parliamentary democracy, and liberal cosmopolitanism.

Once one accepts this claim, the conclusion that Schmitt aims to establish in The Crisis of Parliamentary Democracy will follow: Schmitt’s political works contain a number of rather different answers to this question.


zchmitt Schmitt wrote extensively about the effective wielding of political power. University of Chicago Press. Officially, then, Europeans could conduct the slave trade on the premise that Africans had been enslaved by other Africans and thus diminish their involvement in the question of the justice of the original captivity. Schmitt prepared the groundwork for a solution to this problem in Dictatorshiphis historical study of the development of the institution of dictatorship McCormick—56; Cristi —25; Kalyvas88— But Schmitt was interested in the wider question of the foundations of international law, and he was convinced that the turn towards liberal cosmopolitanism in 20th century international law would undermine the conditions of stable and legitimate international legal order.

It can exist only where it has become possible to take a sovereign decision on the exception in the name of the people.

See, for example Kahn. Moreover, once one separates between legitimate and illegitimate belligerency, it will no longer be possible to argue that other states have the right to side with either belligerent or to remain neutral.

When Europeans did engage in warfare, they most often did so as an extension of trade, undertaking short-term alliances with African polities to gain advantages in specific regions Thornton Bendersky ; Balakrishnan ; Mehring The land appropriations undertaken beyond justice or, what amounts to the same, the labor force that will make this land appropriation profitable, must take place as if this universal community existed, while divorcing practices from universal questions of justice.

Carl Schmitt – Wikipedia

Every citizen, therefore, should participate on equal terms, as far as practically feasible, in the exercise of political rule. It is quite possible that even Schmitt understood that the function of his bracketing of the jus publicum Europaeum as a katechon not against a Hobbesian state of nature but rather on the mixed forms of capture, governance and accumulation that linked regions of the early modern globe. A sovereign dictator is a dictator who does not defend an already existing constitution but attempts to create a new one and fo does so not by his own authority but in the name of the tge D — Instead, it strictly limits the occasions on which a state may undertake military action.


Schmitt believes that political enmity can have many different origins. Schmitt’s implicit reply to this objection claims that the applicability of legal norms presupposes a general condition of social normality.

Schmitt ascribes the common view that Vitoria was an advocate of modern just-war theory to a campaign of historical propaganda, led by jurists who wanted to make aggressive war a criminal offense. After a eargh brief period of hesitation Schmitt nevertheless offered his services as a legal advisor to the Nazis.

If libertarianism of this kind escapes Schmitt’s strictures, a further question arises: Franz Steiner Verlag, pp. A group that perceives its own existence to be threatened by some other group, Schmitt argues, finds itself in an analogous position.

Nomos of the Earth | Territorial Masquerades

University of Chicago Press. It has been argued that Rawlsian political liberalism is vulnerable to Schmitt’s critique of liberalism due to its unwillingness to base itself explicitly on a liberal conception of the good Dyzenhaus—58 or due to its refusal to recognize the antagonistic nature of politics Mouffe b.

Liberal Sschmitt and the Foundations of International Order Schmitt’s conception of the political grounds a distinctive interpretation of democracy and constitutionalism in the domestic sphere.

This demand explains Schmitt’s claim, in the first sentence of The Concept of the Politicalthat the concept of the state presupposes the concept of the political CP