Carl Schmitt S State And Constitutional Theory
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Carl Schmitt S State And Constitutional Theory
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Author : Benjamin A. Schupmann
language : en
Publisher: Oxford University Press
Release Date : 2017
Carl Schmitt S State And Constitutional Theory written by Benjamin A. Schupmann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with History categories.
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
Constitutional Theory Schmitt After Derrida
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Author : Jacques de Ville
language : en
Publisher: Taylor & Francis
Release Date : 2017-04-21
Constitutional Theory Schmitt After Derrida written by Jacques de Ville and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-21 with Law categories.
Cover -- Title -- Copyright -- Dedication -- Contents -- Acknowledgements -- Note on translations and references -- List of abbreviations -- 1 Introduction -- Schmitt and Derrida -- Constitutional theory -- Reading Schmitt -- Sequence and overview of chapters -- 2 The concept of the political -- A. Polémios -- Introduction -- Plato -- Schmitt -- Freud -- Heidegger -- The structure of the political -- B. Partisan -- Introduction -- Criteria -- The question of technology -- Philosophy and the Acheron -- The brother as double -- Woman as the absolute partisan -- Today's terror and the structure of the political -- C. Self -- Introduction -- Defining man: nakedness -- Stirner and his ego -- Modern technology -- Being-placed-in-question -- Self-deception -- Descartes and the self as enemy -- Hegel and the enemy -- Echo -- The concept of the political -- 3 Constituent power -- Introduction -- Political unity -- Political theology -- Fear and the Leviathan -- Demos without sovereignty -- Conclusion -- 4 Identity and representation -- Introduction -- The formation of identity -- Representation reconceived -- Conclusion -- 5 The concept of the constitution -- A. Khōra -- Introduction -- Derrida's reading of the Timaeus -- Khōra and the political -- Constitutions as giving place -- B. Crypt -- Introduction -- The Wolf Man -- The Wolf Man's crypt -- Constitution, memory and trauma -- 6 Human rights -- Introduction -- Freedom -- Equality -- Living together -- 7 State, Gro[beta]raum, nomos -- Introduction -- Nomos -- Man, space, nomos -- Conclusion -- 8 Conclusion -- Schmitt 'before' Derrida -- Derrida reading Schmitt -- Schmitt 'after' Derrida -- Bibliography -- Index
Carl Schmitt S Early Legal Theoretical Writings
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Author : Carl Schmitt
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-06
Carl Schmitt S Early Legal Theoretical Writings written by Carl Schmitt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-06 with Law categories.
Makes available in English Carl Schmitt's early legal-theoretical writings, the intellectual background of Schmitt's political and constitutional theory.
Law As Politics
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Author : David Dyzenhaus
language : en
Publisher: Duke University Press
Release Date : 1998
Law As Politics written by David Dyzenhaus and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Articles previously published in the Canadian journal of law and jurisprudence.
Militant Democracy
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2004
Militant Democracy written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil rights categories.
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
The Oxford Handbook Of Carl Schmitt
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Author : Jens Meierhenrich
language : en
Publisher: Oxford University Press
Release Date : 2016
The Oxford Handbook Of Carl Schmitt written by Jens Meierhenrich and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.
Constitutional Theory
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Author : Carl Schmitt
language : en
Publisher: Duke University Press
Release Date : 2008-01-23
Constitutional Theory written by Carl Schmitt and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-23 with Law categories.
Carl Schmitt’s magnum opus, written during the Weimar regime, wherein Schmitt challenges the theories and practices of Western constitutional government, claiming that classical conceptions of democracy cannot be transposed onto modern political lif
Carl Schmitt S State And Constitutional Theory
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Author : Benjamin A. Schupmann
language : en
Publisher: Oxford University Press
Release Date : 2017-11-17
Carl Schmitt S State And Constitutional Theory written by Benjamin A. Schupmann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-17 with Law categories.
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
Sovereignty In Action
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Author : Bas Leijssenaar
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-18
Sovereignty In Action written by Bas Leijssenaar and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-18 with History categories.
Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.
The Guardian Of The Constitution
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Author : Hans Kelsen
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-19
The Guardian Of The Constitution written by Hans Kelsen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-19 with Law categories.
The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.