Constitutional Theory Schmitt After Derrida

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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

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, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

Deconstructive Constitutionalism

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Author : Jacques de Ville
language : en
Publisher: State University of New York Press
Release Date : 2023-01-01

Deconstructive Constitutionalism written by Jacques de Ville and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Philosophy categories.

Deconstructive Constitutionalism explores the relationship between the thinking of Immanuel Kant and Jacques Derrida concerning modern constitutionalism. Kant is widely recognized as one of the philosophical forebears of modern constitutionalism; that is, the notion that state powers should be defined and limited through a constitution. Kant laid the foundation of constitutionalism through his exposition of freedom, practical reason, and moral law. However, constitutionalism is under severe strain due to the challenges posed by inter alia climate change, global health, global conflict, authoritarianism, authoritarian populism, religious fundamentalism, migration, and inequality. Deconstructive Constitutionalism investigates, by way of Derrida's engagements with Kant, how the foundations of constitutionalism can be conceived differently to address some of these twenty-first-century challenges. The book examines the possible implications of such a re-reading of Kant for democracy, the human-animal relation, criminal law and punishment, as well as for a global constitutional order.

Carl Schmitt Between Technological Rationality And Theology

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Author : Hugo E. Herrera
language : en
Publisher: State University of New York Press
Release Date : 2020-06-01

Carl Schmitt Between Technological Rationality And Theology written by Hugo E. Herrera and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-01 with Philosophy categories.

Carl Schmitt, one of the most influential legal and political thinkers of the twentieth century, is known chiefly for his work on international law, sovereignty, and his doctrine of political exception. This book argues that greater prominence should be given to his early work in legal studies. Schmitt himself repeatedly identified as a jurist, and Hugo E. Herrera demonstrates how for Schmitt, law plays a key role as an intermediary between ideal, conceptual theory and the complexity of practical, concrete situations. Law is concerned precisely with balancing the extremes of theory and reality, and in this respect, Schmitt associates it with philosophical thinking broadly as being able to understand and explain the tensions in human experience. Reviewing and analyzing prevailing interpretations of Schmitt by Jacques Derrida, Heinrich Meier, and others, Herrera argues that the importance of Schmitt's legal framework is both significant and overlooked.

Carl Schmitt S State And Constitutional Theory

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Author : Benjamin Schupmann
language : en
Publisher: Oxford University Press
Release Date : 2017-11-17

Carl Schmitt S State And Constitutional Theory written by Benjamin 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.

Comparative History And Legal Theory

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Author : Jeffrey Seitzer
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2001-05-30

Comparative History And Legal Theory written by Jeffrey Seitzer and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-30 with Political Science categories.

It is a commonplace of Schmitt scholarship that the controversial thinker sought to recapture some of the elan of the pre-Weimar state through his advocacy of effectively almost unlimited presidential government. Seitzer demonstrates how Schmitt believed comparative history itself could reinvigorate the ailing German state by subtly altering prevailing understandings of the relation of theory and practice in law and politics. Treating Schmitt's Constitutional Theory and Guardian of the Constitution as methodologically sophisticated comparative histories, Seitzer turns Schmitt's argument against itself. He shows how Schmitt's comparative histories, when properly executed, support a decentralized solution to the Republic's difficulties directly contrary to Schmitt's in terms of its purpose and effect. Problem-oriented, comparative-historical studies of key features of the Weimar system suggest that the dispersion of political power facilitates an institutional dialogue over constitutional principle and practice that better provides for political stability and democratic experimentation. These studies also suggest that linking forms of justification with institutions establishes a productive tension among norms and institutions that is essential to maintaining the viability of constitutional democracy, both in the short- and long-term. This work will be of considerable value to Schmitt scholars and those interested in German legal and political theory as well as those concerned with broad issues in comparative law and European history and political theory.

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.

Groundless Existence

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Author : Michael Marder
language : en
Publisher: A&C Black
Release Date : 2010-07-15

Groundless Existence written by Michael Marder and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-15 with Political Science categories.

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Carl Schmitt

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Author : William E. Scheuerman
language : en
Publisher: Rowman & Littlefield
Release Date : 1999

Carl Schmitt written by William E. Scheuerman and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.

This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought (Joseph Schumpeter, Friedrich A. Hayek, and Hans Morgenthau) in the United States after 1945. Visit our website for sample chapters!

Constitutional Failure

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Author : Ellen Kennedy
language : en
Publisher: Duke University Press
Release Date : 2004-09-29

Constitutional Failure written by Ellen Kennedy 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 2004-09-29 with Law categories.

Constitutional Failure is a major contribution to studies of the German political philosopher Carl Schmitt (1888–1985), the Weimar Republic, and the relationship of constitutionalism, political economy, and democracy. An internationally renowned scholar of Weimar legal theory, Ellen Kennedy brought Schmitt’s neglected work to the attention of English-speaking readers with her highly regarded translations of his work and studies of its place in twentieth-century political theory. In this eagerly awaited book, she tracks Schmitt’s contribution to the canon of Western political philosophy during its most difficult and dangerous moment—the time of Weimar Germany and the Third Reich—demonstrating the centrality of his thought to understandings of the modern constitutional state and its precarious economic and social foundations. Kennedy reveals how Schmitt’s argument for a strong but neutral state supported the maximization of market freedom at the cost of the political constitution. She argues that the major fault lines of Weimar liberalism—emergency powers, the courts as “defenders of the constitution,” mass mobilization of anti-liberal politics, ethnic-identity politics, a culture of resentment and contested legitimacy—are not exceptions within the liberal-democratic orders of the West, but central to them. Contending that Schmitt’s thought remains vital today because liberal norms are inadequate to the political challenges facing constitutional systems as diverse as those of Eastern Europe and the United States, Kennedy develops a compelling, rigorous argument that unsettles many assumptions about liberalism, democracy, and dictatorship.