Carl Schmitt's Radical Democracy
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Carl Schmitt and the Critique of Lawfare
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Case Western Reserve University School of Law Case Western Reserve Journal of International Law Volume 43 | Issue 1 2010 Carl Schmitt nda the Critique of Lawfare David Luban Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation David Luban, Carl Schmitt na d the Critique of Lawfare, 43 Case W. Res. J. Int'l L. 457 (2010) Available at: https://scholarlycommons.law.case.edu/jil/vol43/iss1/26 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. File: Luban 2 Created on: 12/27/2010 2:26:00 PM Last Printed: 4/5/2011 8:10:00 PM CARL SCHMITT AND THE CRITIQUE OF LAWFARE David Luban “Lawfare” is the use of law as a weapon of war against a military adversary. Lawfare critics complain that self-proclaimed “humanitarians” are really engaged in the partisan and political abuse of law—lawfare. This paper turns the mirror on lawfare critics themselves, and argues that the critique of lawfare is no less abusive and political than the alleged lawfare it attacks. Radical lawfare critics view humanitarian law with suspicion, as nothing more than an instrument used by weak adversaries against strong military powers. -
The Method of Antinomies: Oakeshott and Others Others and Oakeshott Antinomies: of Method the VOLUME 6 | ISSUE 1 + 2 2018 6 | ISSUE VOLUME
University of South Florida Scholar Commons Philosophy Faculty Publications Philosophy 2018 The ethoM d of Antinomies: Oakeshott nda Others Stephen Turner University of South Florida, [email protected] Follow this and additional works at: https://scholarcommons.usf.edu/phi_facpub Scholar Commons Citation Turner, Stephen, "The eM thod of Antinomies: Oakeshott nda Others" (2018). Philosophy Faculty Publications. 309. https://scholarcommons.usf.edu/phi_facpub/309 This Article is brought to you for free and open access by the Philosophy at Scholar Commons. It has been accepted for inclusion in Philosophy Faculty Publications by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. The Method of Antinomies: Oakeshott and Others STEPHEN TURNER Email: [email protected] Web: http://philosophy.usf.edu/faculty/sturner/ Abstract: Michael Oakeshott employed a device of argument and analysis that appears in a number of other thinkers, where it is given the name “antinomies.” These differ from binary oppositions or contradictories in that the two poles are bound to- gether. In this discussion, the nature of this binding is explored in detail, in large part in relation to Oakeshott’s own usages, such as his discussion of the relation of faith and skepticism, between collective goal-oriented associations and those based on contract, and between a legal regime based on neutral rules and one oriented to policy goals . Other examples might include Weber’s distinction between the politics of intention and the politics of responsibility. Moreover, such ambiguous concepts as “rights,” have antinomic interpretations. In each of these cases, the full realization of one ideal led, in practice, to consequenc- es associated with the other: in political practice, neither polar ideal was realizable without concessions to the other. -
Authority, Authoritarianism, and Education
"Hybrid with Projection #1 by Susan Hetmannsperger 17 Authority, Authoritarianism, and Education Bruce Romanish The achievement of political freedom in a democratic produced populations desirous of and supportive of such system results from the conscious plans and actions of a political leadership since various environmental causes are human community. Once political freedom is identified as as significant in explaining authoritarianism as are psycho- an aim, the true task inheres in developing social structures logical predispositions.1 This issue has been addressed as and institutional frameworks which create, nurture, and well in terms of personality development, family influences, sustain that end. These structures and frameworks themselves and from the standpoint of the effects of religions and are in need of care and support if the democracy they nourish religious movements, but scant attention has been paid to the is not to wither and atrophy from neglect. Yet desiring politi- school's role as a shaper of patterns of belief, conduct, and cal freedom, accomplishing it, and maintaining it do not come ways of thinking in relationship to authoritarianism. with instructions. Modern history provides many examples If schools exhibit democratic characteristics, that may of societies that lost their way and slipped into the darkness reflect democratic features of the larger social order or the and despair of political oppression. schools are making a contribution to society's movement in This essay examines the concept of authoritarianism and that direction. Conversely, an authoritarian experience in the ways it is reflected and fostered in school life and school school life suggests either a broader cultural authoritarianism structure. -
The Method of Antinomies: Oakeshott and Others Others and Oakeshott Antinomies: of Method the VOLUME 6 | ISSUE 1 + 2 2018 6 | ISSUE VOLUME
The Method of Antinomies: Oakeshott and Others STEPHEN TURNER Email: [email protected] Web: http://philosophy.usf.edu/faculty/sturner/ Abstract: Michael Oakeshott employed a device of argument and analysis that appears in a number of other thinkers, where it is given the name “antinomies.” These differ from binary oppositions or contradictories in that the two poles are bound to- gether. In this discussion, the nature of this binding is explored in detail, in large part in relation to Oakeshott’s own usages, such as his discussion of the relation of faith and skepticism, between collective goal-oriented associations and those based on contract, and between a legal regime based on neutral rules and one oriented to policy goals . Other examples might include Weber’s distinction between the politics of intention and the politics of responsibility. Moreover, such ambiguous concepts as “rights,” have antinomic interpretations. In each of these cases, the full realization of one ideal led, in practice, to consequenc- es associated with the other: in political practice, neither polar ideal was realizable without concessions to the other. But these features are rooted in the deep history of institutions. They are contingent, not philosophical. They nevertheless preclude con- ventional approaches to political theory. Keywords: Michael Oakeshott, antinomies, meta-politics, democratic theory, Max Weber, Hans Morgenthau, genealogy 54 COSMOS + TAXIS COSMOS Several of Michael Oakeshott’s writings, including On vision of politics is different from relativism in any simple Human Conduct ([1975] 1991), employ an argumentative sense of this term. It is specifically distinct from, and op- device that is shared with several other twentieth century posed to, the idea that there can be an ideological “solu- thinkers, but which has not received much attention on its tion” to the antinomies in question. -
The Restless Liberalism of Alexis De Tocqueville
FILOZOFIA ___________________________________________________________________________Roč. 72, 2017, č. 9 THE RESTLESS LIBERALISM OF ALEXIS DE TOCQUEVILLE JAKUB TLOLKA, London School of Economics and Political Science, London, UK TLOLKA, J.: The Restless Liberalism of Alexis de Tocqueville FILOZOFIA, 72, No. 9, 2017, pp. 736-747 This essay attempts to contextualise the purported novelty of Alexis de Tocqueville’s particular brand of liberalism. It regards the author not as an heir or precursor to any given political tradition, but rather as a compelled syncretist whose primary philosophical concern was the moral significance of the democratic age. It suggests that Tocqueville devised his ‘new political science’ with a keen view to the existential implications of modernity. In order to support that suggestion, the essay explores the genealogy of Tocqueville’s moral and political thought and draws a relation between his analysis of democracy and his personal experience of modernity. Keywords: A. de Tocqueville – Modernity – Liberalism – Inquiétude – Religion Introduction. Relatively few authors in the history of political thought have produced an intellectual legacy of such overarching resonance as Alexis de Tocqueville. Even fewer, perhaps, have so persistently eluded ordinary analytical and exegetical frameworks, presenting to each astute observer a face so nuanced as to preclude serious interpretive consensus. As writes Lakoff (Lakoff 1998), ‘disagreement over textual interpretation in the study of political thought is not uncommon’. However, ‘it usually arises around those who left writings of a patently divergent character’ (p. 437). When we thus consider the ‘extraordinarily coherent and consistent nature’ of Alexis de Tocqueville’s political philosophy, it appears somewhat odd that the academic consensus surrounding that author relates almost exclusively to the grandeur of his intellectual achievement (Lukacs 1959, 6). -
THE RISE of COMPETITIVE AUTHORITARIANISM Steven Levitsky and Lucan A
Elections Without Democracy THE RISE OF COMPETITIVE AUTHORITARIANISM Steven Levitsky and Lucan A. Way Steven Levitsky is assistant professor of government and social studies at Harvard University. His Transforming Labor-Based Parties in Latin America is forthcoming from Cambridge University Press. Lucan A. Way is assistant professor of political science at Temple University and an academy scholar at the Academy for International and Area Studies at Harvard University. He is currently writing a book on the obstacles to authoritarian consolidation in the former Soviet Union. The post–Cold War world has been marked by the proliferation of hy- brid political regimes. In different ways, and to varying degrees, polities across much of Africa (Ghana, Kenya, Mozambique, Zambia, Zimbab- we), postcommunist Eurasia (Albania, Croatia, Russia, Serbia, Ukraine), Asia (Malaysia, Taiwan), and Latin America (Haiti, Mexico, Paraguay, Peru) combined democratic rules with authoritarian governance during the 1990s. Scholars often treated these regimes as incomplete or transi- tional forms of democracy. Yet in many cases these expectations (or hopes) proved overly optimistic. Particularly in Africa and the former Soviet Union, many regimes have either remained hybrid or moved in an authoritarian direction. It may therefore be time to stop thinking of these cases in terms of transitions to democracy and to begin thinking about the specific types of regimes they actually are. In recent years, many scholars have pointed to the importance of hybrid regimes. Indeed, recent academic writings have produced a vari- ety of labels for mixed cases, including not only “hybrid regime” but also “semidemocracy,” “virtual democracy,” “electoral democracy,” “pseudodemocracy,” “illiberal democracy,” “semi-authoritarianism,” “soft authoritarianism,” “electoral authoritarianism,” and Freedom House’s “Partly Free.”1 Yet much of this literature suffers from two important weaknesses. -
Michael Oakeshott 'On Being Conservative'
Podoksik, Ephraim. "Michael Oakeshott ‘On Being Conservative’." Conservative Moments: Reading Conservative Texts. Ed. Mark Garnett. London: Bloomsbury Academic, 2018. 67–74. Textual Moments in the History of Political Thought. Bloomsbury Collections. Web. 2 Oct. 2021. <http://dx.doi.org/10.5040/9781350001565.ch-009>. Downloaded from Bloomsbury Collections, www.bloomsburycollections.com, 2 October 2021, 23:12 UTC. Copyright © Mark Garnett 2018. You may share this work for non-commercial purposes only, provided you give attribution to the copyright holder and the publisher, and provide a link to the Creative Commons licence. 67 CHAPTER NINE Michael Oakeshott ‘On Being Conservative’ Ephraim Podoksik The self- government of men of passionate belief and enterprise is apt to break down when it is most needed. It often suffi ces to resolve minor collisions of interest, but beyond these it is not to be relied upon. A more precise and a less easily corrupted ritual is required to resolve the massive collisions which our manner of living is apt to generate and to release us from the massive frustrations in which we are apt to become locked. The custodian of this ritual is ‘the government’, and the rules it imposes are ‘the law’. One may imagine a government engaged in the activity of an arbiter in cases of collisions of interest but doing its business without the aid of laws, just as one may imagine a game without rules and an umpire who was appealed to in cases of dispute and who on each occasion merely used his judgment to devise ad hoc a way of releasing the disputants from their mutual frustration. -
An Introduction to Philosophy
An Introduction to Philosophy W. Russ Payne Bellevue College Copyright (cc by nc 4.0) 2015 W. Russ Payne Permission is granted to copy, distribute and/or modify this document with attribution under the terms of Creative Commons: Attribution Noncommercial 4.0 International or any later version of this license. A copy of the license is found at http://creativecommons.org/licenses/by-nc/4.0/ 1 Contents Introduction ………………………………………………. 3 Chapter 1: What Philosophy Is ………………………….. 5 Chapter 2: How to do Philosophy ………………….……. 11 Chapter 3: Ancient Philosophy ………………….………. 23 Chapter 4: Rationalism ………….………………….……. 38 Chapter 5: Empiricism …………………………………… 50 Chapter 6: Philosophy of Science ………………….…..… 58 Chapter 7: Philosophy of Mind …………………….……. 72 Chapter 8: Love and Happiness …………………….……. 79 Chapter 9: Meta Ethics …………………………………… 94 Chapter 10: Right Action ……………………...…………. 108 Chapter 11: Social Justice …………………………...…… 120 2 Introduction The goal of this text is to present philosophy to newcomers as a living discipline with historical roots. While a few early chapters are historically organized, my goal in the historical chapters is to trace a developmental progression of thought that introduces basic philosophical methods and frames issues that remain relevant today. Later chapters are topically organized. These include philosophy of science and philosophy of mind, areas where philosophy has shown dramatic recent progress. This text concludes with four chapters on ethics, broadly construed. I cover traditional theories of right action in the third of these. Students are first invited first to think about what is good for themselves and their relationships in a chapter of love and happiness. Next a few meta-ethical issues are considered; namely, whether they are moral truths and if so what makes them so. -
Clarifying the Structure and Nature of Left-Wing Authoritarianism
Journal of Personality and Social Psychology PREPRINT © 2021 American Psychological Association In press. Not the version of record. Final version DOI: 10.1037/pspp0000341 Clarifying the Structure and Nature of Left-wing Authoritarianism Thomas H. Costello, Shauna M. Bowes Sean T. Stevens Emory University New York University Foundation for Individual Rights in Education Irwin D. Waldman, Arber Tasimi Scott O. Lilienfeld Emory University Emory University University of Melbourne Authoritarianism has been the subject of scientific inquiry for nearly a century, yet the vast majority of authoritarianism research has focused on right-wing authoritarianism. In the present studies, we inves- tigate the nature, structure, and nomological network of left-wing authoritarianism (LWA), a construct famously known as “the Loch Ness Monster” of political psychology. We iteratively construct a meas- ure and data-driven conceptualization of LWA across six samples (N = 7,258) and conduct quantitative tests of LWA’s relations with over 60 authoritarianism-related variables. We find that LWA, right- wing authoritarianism, and social dominance orientation reflect a shared constellation of personality traits, cognitive features, beliefs, and motivational values that might be considered the “heart” of au- thoritarianism. Still, relative to right-wing authoritarians, left-wing authoritarians were lower in dog- matism and cognitive rigidity, higher in negative emotionality, and expressed stronger support for a political system with substantial centralized state control. Our results also indicate that LWA power- fully predicts behavioral aggression and is strongly correlated with participation in political violence. We conclude that a movement away from exclusively right-wing conceptualizations of authoritarian- ism may be required to illuminate authoritarianism’s central features, conceptual breadth, and psycho- logical appeal. -
THE REPUBLICAN PARTY's MARCH to the RIGHT Cliff Checs Ter
Fordham Urban Law Journal Volume 29 | Number 4 Article 13 2002 EXTREMELY MOTIVATED: THE REPUBLICAN PARTY'S MARCH TO THE RIGHT Cliff checS ter Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Accounting Law Commons Recommended Citation Cliff cheS cter, EXTREMELY MOTIVATED: THE REPUBLICAN PARTY'S MARCH TO THE RIGHT, 29 Fordham Urb. L.J. 1663 (2002). Available at: https://ir.lawnet.fordham.edu/ulj/vol29/iss4/13 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. EXTREMELY MOTIVATED: THE REPUBLICAN PARTY'S MARCH TO THE RIGHT Cover Page Footnote Cliff cheS cter is a political consultant and public affairs writer. Cliff asw initially a frustrated Rockefeller Republican who now casts his lot with the New Democratic Movement of the Democratic Party. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol29/iss4/13 EXTREMELY MOTIVATED: THE REPUBLICAN PARTY'S MARCH TO THE RIGHT by Cliff Schecter* 1. STILL A ROCK PARTY In the 2000 film The Contender, Senator Lane Hanson, por- trayed by Joan Allen, explains what catalyzed her switch from the Grand Old Party ("GOP") to the Democratic side of the aisle. During her dramatic Senate confirmation hearing for vice-presi- dent, she laments that "The Republican Party had shifted from the ideals I cherished in my youth." She lists those cherished ideals as "a woman's right to choose, taking guns out of every home, campaign finance reform, and the separation of church and state." Although this statement reflects Hollywood's usual penchant for oversimplification, her point con- cerning the recession of moderation in Republican ranks is still ap- ropos. -
'Indian Career' of John Stuart Mill a Review-Arti
Organic Conservatism, Administrative Realism, and the Imperialist Ethos in the 'Indian Career' of John Stuart Mill a review-article by Vinay Lal* Lynn Zastoupil. John Stuart Mill and India. Stanford, California: Stanford University Press, 1994. viii + 280 pp. "I was born in London, on the 20th of May, 1806," wrote John Stuart Mill in his autobiography, "and was the eldest son of James Mill, the author of the History of British India." James Mill had acquired considerable fame as a philosopher of utilitarianism and as an authority on India; and if it is remarkable that John Stuart Mill, who would eclipse his father, described himself, on the opening page of his autobiography, as the son of the "author of the History of British India", it is just as revealing that he virtually obscured his own life-long association with India. It is not commonly known that John Stuart Mill, philosopher of classical liberalism, theorist of political economy, proponent of women's rights, and one of the shapers of modern English prose, spent nearly the entirety of his adult working life drafting "despatches" or official documents on British policy in India. A few terse lines, to which he had practically nothing else to add in his autobiography, describe his association with India: "In May, 1823, my professional occupation and status for the next thirty-five years of my life, were decided by my father's obtaining for me an appointment from the East India Company. immediately under himself." Thus was John Stuart Mill's connection with India assured until the demise of the East India Company in 1858. -
Property and Sovereignty: How to Tell the Difference
243 Property and Sovereignty: How to Tell the Difference Arthur Ripstein* Property and sovereignty are often used as models for each other. Landowners are sometimes described as sovereign, the state’s territory sometimes described as its property. Both property and sovereignty involve authority relations: both an owner and a sovereign get to tell others what to do — at least within the scope of their ownership or sovereignty. My aim in this Article is to distinguish property and sovereignty from each other by focusing on what lies within the scope of each. I argue that much confusion and more than a little mischief occurs when they are assimilated to each other. The confusion can arise in both directions, either by supposing that property is a sort of stewardship, or that sovereignty is a large-scale form of ownership. One of the great achievements of modern (i.e., Kantian) political thought is recognizing the difference between them. INTRODUCTION Property and sovereignty are often used as models for each other. In introducing his account of rights, H.L.A. Hart describes a right-holder as a “small-scale sovereign.”1 So, too, discussions of sovereignty often appeal to proprietary metaphors of ownership. These parallels are unsurprising, both historically and conceptually. Historically, early modern discussions of sovereignty, such * University Professor and Professor of Law and Philosophy, University of Toronto. I am grateful to David Dyzenhaus, Larissa Katz, and Douglas Sanderson for comments and discussion, to audience members at the Property and Sovereignty Conference at Columbia Law School, September 2015, and at the North American Workshop on Private Law Theory in Toronto, October 2015.