Putnam's Sons, , p. Whether one speaks 8 The Concept at the Political sovereign authority, it is this authority which in the final analysis decides whether such an extreme situation is at hand. I5 Schmitt thus links state, politics, and sovereignty.
This linking of state, politics, and sovereignty makes it clear that Schmitt's major concern is with the modern sovereign state as it began to emerge in the sixteenth and seventeenth centuries. From the general tone of the essay it is also clear that he personally identified himself with this epoch and laments that the curtain was descending. It may well be asked why he should object to the closing of this period-especially in view of its violence.
Although one can extract the answer from his essay, he provided it himself in some of his subsequent writings. With exceptions, the epoch of the European sovereign state may be characterized as a period in which order prevailed within sovereign states and also in the relations between sovereign states.
Precisely because certain explicit conventions governed relations of sovereign states in time of war, thereby overcoming the foe concept see pp. At the critical point in Hobbes's state of nature man may truly find himself in actual combat, and in such a situation, according to Hobbes, "nothing can be Unjust. The notions of Right and Wrong, Justice and Injustice have there no place.
Force and Fraud, are in warre the two Cardinali vertues" Leviathan, Chap. Introduction 9 steps in the movement toward religious toleration-the recognltlon on the part of newly emerging sovereign rulers in distinct territorial states 16 that Christians, regardless of specific doctrinal differences, were entitled to be treated as Christians and not as beings possessed by the devil to whom no quarter should be given. Once it was accepted in principle that Christians are equal by virtue of belonging to the same religion, developments at home had definite repercussions insofar as relations among sovereign states were concerned.
Hence, despite doctrinal differences, Catholic and Protestant rulers were prepared to coexist in a larger community. An implication of this development was that agreements could be concluded by sovereign states in time of peace with a reasonable expectation that these would be adhered to.
Moreover, a secularized notion of politics enabled rules and regulations to emerge which applied in time of war as well. And this mitigated the devastation that had characterized past conflicts. Furthermore, prisoners of war were entitled to be treated humanely, and the concept of neutrality was also sanctioned.
Article 65 considerably reinforced the previous one by ascribing to the princes their right of "making or interpreting laws and declaring wars. In Schmitt observed that the secularization of politics constituted a definite mark of "progress in the sense of humanity. But the rapid succession of momentous events-World War I, Versailles, the Communist victory in Moscow, and the Nazi victory in Berlin about one year after the publication of the text of Schmitt's essay-halted the broad course of development of the epoch of the European sovereign state and also soon showed that the traditional European sovereign state was no longer a politically viable entity in a rapidly changing world.
Zeumer, Epirrhosis, II, See also George Schwab, The Challenge, pp. II, Anschiitz and R. Thoma Tiibingen: J. Mohr [Paul Siebeck], , II, Gerhard Anschiitz, one of the leading commentators, noted that "the constitution does not stand above the legislature, but is at its 14 The Concept of the Political movement which succeeds in legally capturing the legislature can then proceed legally to forge a constitution and state that would reflect its militant political ideology.
Cognizant that the political left and right utilized bourgeois legality as a weapon in the quest for power and fearful of a victory by one of the extremist movements with the ideological subversion of the state certain to follow, Schmitt saw little hope in the ability of the Weimar state to survive unless its leadership was immediately prepared to distinguish friend from enemy and to act accordingly.
Concretely speaking, he argued in that only those parties not intent on subverting the state be granted the right to compete for parliamentary and governmental power. Although his presidential system had its roots in the Weimar constitution, Schmitt's conception went beyond this document and was, theredisposal" and that therefore there were no limits on the extent to which the constitution could be amended, including its abrogation G.
Anschutz, Die Verfassung des Deutschen Reichs vom August , 14th ed. Because of the fate of the Weimar constitution, the Basic Law of Bonn recognizes sacrosanct parts Article This conclusion is particularly significant when one considers the erroneous insistence by some that Schmitt paved the way for the Fuhrerstaat. Introduction 15 fore, no longer in accord with the constitution's spirit and letter. In other words, he was willing to sacrifice a part of the constitution in order to save and strengthen the existing state.
By advocating such an extreme position, a position certainly unacceptable to the legalists, Schmitt clearly implied, among other things, that he would accept political parties and the Weimar parliament only on the condition that they be subordinate to and united with the president in the search for solutions. As I have noted elsewhere, Schmitt's presidential system centered on the popularly elected president.
As commander-in-ehief of the armed forces, with the potent Article 48 of the Weimar constitution at his disposal and aided in his exercise of power by the bureaucracy and Reichswehr, the president, in Schmitt's view, could certainly have arrested the political assaults on the state! But this misses Schmitt's point.
The system which finally emerged was an emasculated form of what he had urged. Hence, despite Schmitt's pleas for the necessity of distinguishing friend from enemy, Hindenburg consistently labored under the impact of legalist doctrines and did not, therefore, forcefully move to arrest and eliminate the political challenges facing Weimar. Quite the contrary.
Not only did he continue to permit negatively inclined parties to operate and compete for power, but he also loathed ruling by decree. Cotta'sche Buchhandel, , p. In other words, Kaas's letter clearly implied that Hitler's appointment and new elections would assure a return to regular constitutional procedures, and Kaas insisted that it was absolutely incumbent upon Schleicher and Hindenburg not to follow the unconstitutional doctrines of Carl Schmitt and his followers,34 namely, among other things, the infusion of the friend-enemy criterion into domestic political struggles.
Kaas's letter explains Hindenburg's volte face vis-a-vis Hitler,30 and Hitler's appointment confirmed Schmitt's forebodings for the Weimar state. Reprinted in fahrbtlch des offentlichen Rahts der Gegenwart, 21 , Wherever possible, therefore, the translator has divided long paragraphs and sentences and even shortened some of the latter, without impairing the ideas Schmitt conveys. Furthermore, a number of citations pertaining mainly to specific legal questions which have no relevance to the English reader were omitted.
But a minimum of explanatory notes marked by asterisks has been added whenever the translator considered these important in helping the reader put the question discussed proper perspective. According to modern linguistic usage, the state is the political status of an organized people in an enclosed territorial unit. This is nothing more than a general paraphrase, not a definition of the state. Since we are concerned here with the nature of the political, such a definition is unwarranted.
It may be left open what the state is in its essence-a machine or an organism, a person or an institution, a society or a community, an enterprise or a beehive, or perhaps even a basic procedural order. These definitions and images anticipate too much meaning, interpretation, illustration, and construction, and therefore cannot constitute any appropriate point of departure for a simple and elementary statement. In its literal sense and in its historical appearance the state is a specific entity of a people.
New York: Greenwood Press, , pp. More need not be said at this moment. All characteristics of this image of entity and people receive their meaning from the further distinctive trait of the political and become incomprehensible when the nature of the political is misunderstood. One seldom finds a clear definition of the political. The word is most frequently used negatively, in contrast to various other ideas, for example in such antitheses as politics and economy, politics and morality, politics and law; and within law there is again politics and civil law,' and so forth.
By means of such negative, often also polemical confrontations, it is usually possible, depending upon the context and concrete situation, to characterize something with clarity. But this is still not a specific definition. In one way or another "political" is generally juxtaposed to "state" or at least is brought into relation with it.
Zeumer, Epirrhosis: Pestgabe fur Carl Schmitt, ed. Forsthotf, W. According to J. Bluntschli in Allgemeines Staatsrecht, 4th ed. Munich: J. Cotta, , I, "Property is a civil law and not a political concept.
The following sentence from the speech by deputy Dietrich Reichstag session, December 2, , Berichte, is cited as an example: "We are of the opinion that the issues here do not at all pertain to civil law questions but are purely political ones. Johannes Winckelmann Tiibingen: J.
Insofar as these are not politically polemical, they are of practical and technical interest and are to be understood as legal or administrative decisions in particular cases.
These then receive their meaning by the presupposition of a stable state within whose framework they operate. Thus there exists, for example, a jurisprudence and literature pertaining to the concept of the political club or the political meeting in the law of associations.
Furthermore, French administrative law practice has attempted to construct a concept of the political motive mobile politique with whose aid political acts of government actes de gouvernement could be distinguished from nonpolitical administrative acts and thereby removed from the control of administrative courts. Triepel, Staatsrecht und Politik Berlin: W. In this vein Weitz characterizes politics as the learned discussion of the state with respect to the historical development of states on the whole as well as of their current conditions and needs.
As will still be seen below, designating the adversary as political and oneself as nonpolitical i. Traite de droit administratif applique, V, has advanced: "Defining an act of government is the purpose to which the author addresses himself. Such an act aims at defending society itself or as embodied in the government against its internal or external enemies, overt or covert, present or future Basically, they provide a practical way of delimiting legal competences of cases within a state in its legal procedures.
They do not in the least aim at a general definition of the political. Such definitions of the political suffice, therefore, for as long as the state and the public institutions can be assumed as something self-evident and concrete.
Also, the general definitions of the political which contain nothing more than additional references to the state are understandable and to that extent also intellectually justifiable for as long as the state is truly a clear and unequivocal eminent entity confronting nonpolitical groups and affairs-in other words, for as long as the state possesses the monopoly on politics. That was the case where the state had either as in the eighteenth century not recognized society as an antithetical force or, at least as in Germany in the nineteenth century and into the twentieth , stood above society as a stable and distinct force.
What had been up to that point affairs of state become thereby social matters, and, vice versa, what had been purely social matters become affairs of state-as must necessarily occur in a democratically organized unit.
Heretofore ostensibly neutral domainsreligion, culture, education, the economy-then cease to be neutral in the sense that they do not pertain to state and to politics. As a polemical concept against such neutralizations and depoliticalizations of important domains appears the total state, which potentially embraces every domain.
This results in the identity of state and society. In such a state, therefore, everything is at least potentially political, and in referring to the state it is no longer possible to assert for it a specifically political characteristic.
In Jacob Burckhardt's W t'ltgeschichtliche Betrachtungen of the period around I R7o the following sentences are found on "democracy, i. Only in one respect was it consistent, namely, in the insatiability of its demand for state control of the individual.
Thus it blurs the boundaries between state and society and looks to the state for the things that society will most likely refuse to do, while maintaining a permanent condition of argument and change and ultimately vindicating the right to work and subsistence for certain castes.
It should be able to do everything, yet allowed to do nothing. Strong XXll mise. Here events are most likely not only to prove one wrong but to destroy a group that acts on such a false belief. This is the case with the "doomed" Russian classes and the "aristocratic society" of France.
The other, more dangerous possibility is that one will claim to speak in the name of universal humanity. In such a case, all those by whom one is opposed must perforce be seen as speaking against humanity and hence can only merit to be exterminated.
Schmitt writes: Humanity as such and as a whole has no enemies. Everyone belongs to humanity. If he discriminates within humanity and thereby denies the quality of being human to a disturber or destroyer, then the negatively valued person becomes an unperson, and his life is no longer of the highest value: it becomes worthless and must be destroyed. Concepts such as "human being" thus contain the possibility of the deepest inequality and become thereby "asymmetrical.
He does so because he fears that in such a framework all claims to good will recognize no limits to their reach. Foreword XXIII once and for all what is good for all, wars with no outcome except an end to politics and the elimination of all difference. On a first level, the question that Schmitt poses here is whether liberalism can meet the challenges posed by international politicsY Rousseau suggested that a country would be better off avoiding international politics; Hobbes made no attempt to extend the notion of sovereignty beyond state borders.
Any answer to this question must deal with the fact that this century has seen not only the dramatic extension of countries claiming to adhere to universal values but also unprecedented attempts at local and universal genocide and the development of extremely aggressive regionalisms. For Schmitt these all went together. He thought there was no natural limit to what one might do to make the world safe for liberalism. The evidence is mixed. On a second level, one must ask how a man who wrote with some eloquence about the dangers of universalism could have written what he wrote in support of Nazi policies.
Three possible answers present themselves. The first is that he was morally blinded by ambition-that he would say what was necessary to attain and remain in prestigious posts.
The second is that he did not understand what the Nazis were doing. The last is that he thought or persuaded himself for some period of time that the opponents of the regime were, in fact, enemies, who, in fact, posed a threat to the German identity.
If the last is true, as I believe it to be, then what needs attention in Schmitt's theory is not the 42 Questions also raised by scholars like Hans Morgenthau, whose early work in Germany focused on the political and not legal quality of international relations; and Henry Kissinger, whose The Necessity for Choice New York: Harper, and "The White Revolutionary: Reflections on Bismarck," Daedalus 97, no. Strong attack on universalism but the overly simplistic notion of friend. There is a way in which Schmitt allowed his notion of enemy to generate his idea of friend.
Among his more sympathetic commentators there is a tendency to apologize and excuse. This is the one repeated by the editors of Telos to Professor Jeffrey Herf: they rehearse answers like that of Paul Tillich, who responded to a student who objected to Heidegger on the grounds of his participation in the Nazi party by pointing out that Plato had after all served the tyrant Dionysos of Syracuse and we do not therefore refrain from reading him. One cannot simply draw a line between thought and life as if choices in life could be judged by criteria foreign to thought.
Context matters, and not in a self-evident way. To understand everything is precisely not to excuse it. Purity of intentions matters for little and is often dangerous in politics. London and New York, , p. This includes at least some aspects of his open anti-Semitism during the period — Consider the possibilities. The approach taken by Strauss and Meier consists in arguing that Schmitt, while attempting a radical critique of liberalism, remains within the liberal framework.
Such an accusation is similar to the one Heidegger makes about Nietzsche as attempting a radical critique of Western metaphysics while remaining in the metaphysical framework.
The implication therefore is that the choices Schmitt makes are not excluded by the liberal framework; that is, they take place in the terms allowed by that framework. The question here becomes the manner in which one can mitigate the dangerous possibilities inherent in liberalism, since for the historical present and apparent future no alternative is available. The commitment to liberalism is thus instrumental.
Strong stance. In this perspective, the preservation of and, indeed, emphasis on the forms of liberal institutions further undermines the values those institutions were originally supposed to promote. Here the rejection of liberal structures is made in the name of more or less liberal values. But the only structure proposed is a kinder and gentler antagonistics than the existentially intense ones in Schmitt.
For liberals, rights are rights no matter how gained: they have little truck with the claim of what one might call Schmitt-leaning democrats that rights are not rights unless they are fought for and won, such that they become our rights. The Right becomes ever more Nietzschean in its condemnation of liberal society. Foreword xxvii by the relation to the monarchy of various parts of the French National Assembly have played their way out in the face of modern technologically and rationalized industrial society.
There is also another reason, this one more generational. An intellectual consequence of the experience with Nazism was to effectively shrink, perhaps one might say homogenize, the language and terms of political debate in the subsequent period. As the Nazi experience fades from consciousness at just over sixty years of age, I am among the last to have been born during the war and to have been taught by those with adult consciousness during the war , so also possibilities excluded by the specter of Auschwitz have returned.
The revival of interest in Schmitt is consequent, I believe, to this increasing distance from the s. How we manage the intellectual terrain that we are opening up is our responsibility.
Schmitt thus thought of it as part of his general argument in that book; it is appropriate and important that it appear in this expanded edition.
As the political is for Schmitt the realm of that which is truly human,2 his distress is that the West is losing touch with that which gives life human meaning. See the more extensive discussion in my foreword to Political Theology. This danger arises because it is Russia i. Only a weak people will disappear.
Foreword xxxi newly born child will be an aggressor! Note 9 on page 6 refers to an earlier English version of the Strauss piece, not reproduced here. His fascination for the English language resulted in many hours of fruitful discussions on the meaning of words. In preparing this translation for publication I am grateful to my friend and colleague, Mr. Frank D. Grande, for his suggestions and comments and also to Mrs. Erna Hilfstein for the time which she has put at my disposal in aiding me with some technical details.
Of course, the sole responsibility for the translation rests upon the translator. It is fashionable to discredit the work of this author on the basis of a reputation that is based largely on rumors But his decision, after the Enabling Act of March , to become the selfappointed ideologue of the Nazis has made him so controversial 2 that even today it is difficult to view his work objectively. Pedone, , pp. Carl Schmitt was born in into a family of devout Catholics in the predominantly Protestant town of Plettenberg in Westphalia.
He received his initial formal education in a Catholic schoo! Subsequently he studied law at the universities of Berlin and Strasbourg and received his doctorate in jurisprudence in After working as a law clerk, he entered the academic world and taught at the University of Strasbourg in , at the Graduate School of Business Administration at Munich from to , the universities of Greifswald in , Bonn from to , the Graduate School of Business Administration at Berlin from to , and the universities of Cologne in and Berlin from 5 to Schmitt's early writings reflect his consciousness of the Kulturkampj controversy which had occurred just prior to his birth.
He had never existed. For example, as Dr. Hans-Dietrich Sander has pointed out Marxistische ldeologie und allgemeine Kunsttheorie, 2nd ed. Tiibingen: J.
Mohr [Paul Siebeck], , p. Adorno and Gretel Adorno, in their two-volume edition of Benjamin's work, published in Frankfort on the Main in Geburtstag, ed. Barion, E. Forsthoff, W. Bockenforde, E.
Introduction 5 was fascinated by and proud of the power the Catholic Church had exerted on so powerful a figure as Bismarck. This pride can be seen in his early conception of the state as an entity whose function is to realize right Recht. And because of the universal nature of the Catholic Church it was, according to Schmitt, in a better position to decide on what constitutes right than the many states then in existence. This induced Schmitt to focus his attention on some of the concrete problems facing the Weimar republic.
But in The Concept of the Political 8 in particular-undoubtedly one of the most important tracts of political thought of the twentieth century-he raises the discussion to a level which transcends Weimar Germany in both space and time. Mohr [Paul Siebeck], , pp.
This translation is based on the text of the edition, and for the sake of brevity omits Schmitt's foreword, three corollaries, and references which he added to the edition.
Here, however, I should like to point out that Schmitt raised the question: what is the modern European state? In his answer he attempted, on the one hand, to derive a model of this state, and, on the other, to focus particular attention on the centrifugal forces within the state that were responsible for tearing it apart. Though this essay contains only germs of what subsequently matured into a relatively complete model,lO in the opening sentence of the essay Schmitt indivisibly linked state and politics.
Reflecting on the connection between the two, he recently commented: The decisive question. A doctrine which began to take shape in the sixteenth and seventeenth centuries, a doctrine inaugurated by Machiavelli, Jean Bodin, and Thomas Hobbes, endowed the state with an important monopoly: the European state became the sole subject of politics.
Both state and politics were linked just as indivisibly as polis and politics in AristotleY Concretely speaking, only states, and not just any domestic or international association, are the bearers of politics. Hence only states may conduct with each other relations which in an ultimate 9 "Anmerkungen zu Carl Schmitt, Der Begriff des Politischen," Archiv fur Sozialwissenschajt und Sozialpolitik, Vol. Sinclair New York: Schocken Books , pp. The discrepancies between my translation of Schmitt and the words and phrases in Strauss's comments are in most instances stylistic.
However, when Sinclair translated the German word Feind with "foe," it appears that Strauss was not aware of the conceptual distinction inherent in the words "enemy" and "foe. The Concept 9 New from Report abuse. Page details.
Page updated. This site uses cookies from Google to deliver its services and to analyze traffic. Information about your use of this site is shared with Google. Dictatorship is an essential book for understanding the work of Carl Schmitt and a major contribution to the modern theory of a democratic, constitutional state.
What is a Constitution? A great deal will happen between now and Election Day and with a little forethought and planning, you can be prepared for all the twists and turns and, in many cases, control the situation.
Because research- and practice-focused programs are distinctly different, the current position of The Concept of the Political: Expanded Edition by Carl Schmitt. Schmitt wrote extensively about the effective wielding of political power. The Diagnostic and Statistical Manual of Mental Disorders DSM revision process has been systematically biased toward expanding diagnostic criteria to become more inclusive, but research has yet to determine if the DSM-5 shows signs of the same bias.
See section 3, 27— Marketplace Prices. First published Sat Aug 7, ; substantive revision Thu Aug 29, The expanded definition of violence led to an expanded definition of peace. Praise for the previous editions: Figure 2. An essential update on a modern classic, By purchasing this item, you are transacting with Google Payments and agreeing to the Google Payments. Simon During. Examines the typical political problems that presidents confront and how they assert their authority in the service of change.
If you own the copyright to this book and it is wrongfully on our website, we offer a simple DMCA procedure to remove your content from our site. A short summary of this paper. Turkish immigrants in Germany composed one of the most noticeable migrant groups during the post-war period.
All rights reserved. Minor disagreements over terms fade. According to Schmitt, the use of the concept to designate opposed political positions results from the character of political romanticism: its unpredictable quality and lack of commitment to any substantive political position.
Translated and with an Introduction by George Schwab. It finds its genesis steeped in two movements—critical legal studiesi and radical feminism—and began in the mids, although CRT made its original debut at a first-ever workshop held at St. Benedict Center in Madison, Wisconsin, in e. A slightly expanded version by the same author group came out 10 years later Wisner et al. A thoroughly updated and substantially expanded edition of an acclaimed anthology This is a thoroughly updated and substantially expanded new edition of one of the most popular, wide-ranging, and engaging anthologies of Western political This article tries to analyze the concept, nature, scope and principles of administrative law.
In addition to analysis by Leo Strauss and a foreword by Tracy B. These observations lead Schmitt to a profound reflection on the shortcomings of liberal politics. The product of an action is not a result that can be evaluated according to moral standards, but rather an emotional experience that can be judged only in aesthetic and emotive terms. This accessible guide to the major concepts in politics has now been revised and expanded to include over 60 international relations terms to take account of the increasing influence of globalization upon politics.
The 4 th edition builds a bridge between organizing and data science. Carl Schmitt — was a legal and political theorist and constitutional lawyer. Chapter 1 Key Concepts and Issues- -5 Consequently, rather than seeing performance measurement as a quasi-independent enterprise, in this textbook we integrate performance measurement into evaluation by grounding it in the same core tools and methods that are essential to assess program pro- Indeed, with all its hopes of a more just and materially prosperous world, development has fascinated societies in both North and South.
Concepts, principles and terms are defined and described to reduce confusion. Political participation and recognition is a basic platform for gender equality. Lecture I. The Concept of the Political - Carl Schmitt. You can read books purchased on Google Play using your computer's web browser. It will be clear to the reader and will become clearer still throughout the many pages that follow that by Orientalism I mean However, Lefebvre's work can also provide the political theorist with a useful set of conceptual tools for mapping the spatiality of politics and history, rather than simply explaining the politics and history of space.
A constitution as a legal, social and political document Looking at this collective fancy in retrospect, Gilbert. The romantic person acts in such a way that his imagination can be affected. BY Found insideExpanded edition. London: Strahan, Now in its second edition, the text has been completely revised and expanded to meet the needs of today's students and film enthusiasts.
0コメント