The Power of Carl Schmitt: Fascism, Dualism and Justice †
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
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. -
COPYRIGHTED MATERIAL NOT for DISTRIBUTION Part I
CONTENTS List of Figures xiii List of Tables xvii Preface xix The Inevitable Note on Orthography xxiii Acknowledgments xxv PART I. CULTURAL AND ENVIRONMENTAL PERSPECTIves 3 1 COPYRIGHTEDINTRODUCTION: THE ITZA MAYAS MATERIAL AND THE PETÉN ITZA MAYAS, THEIR ENVIRONMENTS AND THEIR NEIGHBORS NOTPrudence FOR M. Rice DISTRIBUTIONand Don S. Rice 5 The Maya Lowlands: Environmental Perspectives 5 Who Were the Itzas? Etymological Perspectives 8 The Itzas of Petén 11 The Itzas of the Northern Lowlands and Their Allies 22 2 ITZAJ MAYA FROM A HISTORICAL PERSPECTIVE Charles Andrew Hofling 28 Yukateko versus Southern Yukatekan Language Varieties 31 Itzaj and Mopan 35 vii viii Contents Contact with Ch'olan Languages 35 Concluding Discussion 38 3 THE LAKE PETÉN ITZÁ WATERSHED: MODERN AND HISTORICAL ECOLOGY Mark Brenner 40 Geology and Modern Ecology 40 Modern Limnology 42 Lacustrine Flora and Fauna 45 Historical Ecology 46 Climate Change 50 Summary 53 PART II. THEORETicAL PERSPECTIVES ON THE EpicLASSic ITZAS: FACTIONS, MIGRATIONS, ORIGINS, AND TEXTs 55 4 THEORETICAL CONTEXTS Prudence M. Rice 59 Migration: Travel Tropes and Mobility Memes 59 Identities 65 Factions and Factionalism 67 Spatiality 70 5 ITZA ORIGINS: TEXTS, MYTHS, LEGENDS Prudence M. Rice 77 The Books of theChilam Balam 79 Some Previous Reconstructions of Itza Origins 88 COPYRIGHTEDConcluding Thoughts 93 MATERIAL NOT FOR DISTRIBUTION 6 LOWLAND MAYA EpiCLASSIC MIGRATIONS Prudence M. Rice 97 Western Lowlands 98 Southwestern Petén 101 Central Petén Lakes Region 102 Eastern Petén, Belize, and the Southeast 105 Northern Lowlands 106 Rethinking Epiclassic Migrations and the Itzas 109 Contents ix 7 EpiCLASSIC MATERIAL PERSPECTIVES ON THE ITZAS Prudence M. -
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. -
Leadership Through Dualism: -A Study of Lao Tzu, Reinhold Niebuhr, and Jean-Paul Sartre
LEADERSHIP THROUGH DUALISM: -A STUDY OF LAO TZU, REINHOLD NIEBUHR, AND JEAN-PAUL SARTRE ,BY HUI MIKE ,,XU Bachelor of Arts university of Shanghai Shanghai, China 1983 Master of Education East Central University Ada, Oklahoma 1987 Submitted to the Faculty of the Graduate College of the Oklahoma State University in partial fulfillment of the requirements for the Degree of DOCTOR OF EDUCATION May, 1990 LEADERSHIP THROUGH DUALISM: A STUDY OF LAO TZU, REINHOLD NIEBUHR, AND JEAN-PAUL SARTRE Thesis Approved: ------- ~~ -~ ----------- -------- ______ o~_fl_~------------ Dean of the Graduate College ii 1375615 ACKNOWLEDGMENTS' I wish to express sincere appreciation to Dr. John J. Gardiner and Dr. Thomas Karman for their encourage ernent and advice throughout my graduate program. Many thanks also go to Dr. Adrienne Hyle and Dr. Wayne Meinhart for serving on my graduate committee.. From the initiation of the thesis topic tq the development of the contents, Dr. Gardiner devoted a lot of time, energy, and care; from the research linkage to writing methods, Dr. Karman paid.J:?articular attention and offered tremendous assistance; speci~lly, Dr. Hyle's insightful considerations made this thesis more inclusive, consis- tent, and complete; and Dr. Meinhart's emphasis on practice encouraged my focus on the implications of theories. They made rny.study more educational, stimulating and challenging. My pare_nts '· faith and belief in my studies and achievern~nts sustained my diff~cul ties of all kinds, when I was abroad. Thanks go to them for their unselfish sufferings to support and encourage my graduate studies in the States. My appreciation and_gratefulness also go to my friends Bob, Sally, Kelly, Mary, Torn, Ken, Jo, Bill, Roselind, John, Joe, and Rosemarie who helped me in various ways so that I could keep my studies and research going. -
Interrogating Illiberalism Through Chinese Communist Party Regulations Samuli Sepp¨Anen†
\\jciprod01\productn\C\CIN\52-2\cin202.txt unknown Seq: 1 1-MAY-20 11:13 Interrogating Illiberalism Through Chinese Communist Party Regulations Samuli Sepp¨anen† Can the exercise of political leadership, which is meant to transcend laws, nevertheless, be governed by formal rules? This Article examines the relationship between the illiberal governance project and rule-based gov- ernance in the context of the Chinese Communist Party’s internal “intraparty” regulations. In the past few years, Chinese Communist Party leaders have sought to strengthen the Party’s political leadership by extending its discipline inspection mechanisms further into Chinese state organs. The Party leaders have also sought to regulate Party cadres’ uses of power more closely through intraparty regulations. The efforts to strengthen the Party’s political leadership through improving intraparty regulations point to a number of puzzling contradictions and even para- doxes in the illiberal governance project. Rules make the Party more gov- ernable and at least potentially limit space for corruption and other unsanctioned personal projects; but at the same time, they provide oppor- tunities for resisting Party leadership and divide the Party into organiza- tional departments with conflicting interests. This Article discusses such contradictions and paradoxes within the context of global illiberal political thought and argues that prominent solutions to the tension between illib- eral political leadership and rule-based governance mask uncertainty about what illiberal political leadership actually entails. Introduction ..................................................... 268 R I. Rules and Political Leadership in Illiberal Political Thought .................................................. 273 R A. Privileging the Political ................................ 274 R B. Appealing to the Irrational ............................ 278 R II. -
The Defects of Dualism (Reviewing We the People: Foundations by Bruce
REVIEW The Defects of Dualism William W. Fisher Ilft We the People: Foundations. Bruce Ackerman. Belknap Press, 1991. Pp x, 369. In 1983, in the Storrs Lectures at Yale Law School, Bruce Ackerman outlined a new history and theory of constitutional law.' Since that date, he has been elaborating and deepening his argu- ment. The fruits of his labors will be a trilogy, unabashedly enti- tled We the People. The first of the three volumes, subtitled Foun- dations, is now available.2 The remaining two, Ackerman informs us, will follow shortly. Because the project is not yet complete, it would be premature to venture a comprehensive evaluation of Ack- erman's argument. Enough of the theory is now apparent, however, to make a preliminary assessment of it appropriate. As one might expect, given Ackerman's proclivities and the long gestation of the book, We the People is ambitious, elegant, even magisterial. Ackerman's command of the literatures of his- tory, political science, and law is impressive. From the combination of those disciplines, he derives many sharp-edged insights into the ways Americans think about and use the federal Constitution. Nevertheless, his argument, in its present form, has several sub- t Professor of Law, Harvard University. The comments of Richard Fallon, Charles Fried, Sanford Levinson, Frank Michelman, and Laurence Tribe were valuable in revising the essay. I Bruce Ackerman, The Storrs Lectures: Discovering the Constitution, 93 Yale L J 1013 (1984). 2 Bruce Ackerman, We the People: Foundations (Belknap, 1991). All parenthetical page numbers in the text and footnotes refer to this book. -
Us Vs. Them: Dualism and the Frontier in History
University of Montana ScholarWorks at University of Montana Graduate Student Theses, Dissertations, & Professional Papers Graduate School 2004 Us vs. them: Dualism and the frontier in history. Jonathan Joseph Wlasiuk The University of Montana Follow this and additional works at: https://scholarworks.umt.edu/etd Let us know how access to this document benefits ou.y Recommended Citation Wlasiuk, Jonathan Joseph, "Us vs. them: Dualism and the frontier in history." (2004). Graduate Student Theses, Dissertations, & Professional Papers. 5242. https://scholarworks.umt.edu/etd/5242 This Thesis is brought to you for free and open access by the Graduate School at ScholarWorks at University of Montana. It has been accepted for inclusion in Graduate Student Theses, Dissertations, & Professional Papers by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact [email protected]. Maureen and Mike MANSFIELD LIBRARY The University of Montana Permission is granted by the author to reproduce this material in its entirety, provided that this material is used for scholarly purposes and is properly cited in published works and reports. **Please check "Yes” or "No" and provide signature** Yes, I grant permission No, I do not grant permission Author’s Signature: Any copying for commercial purposes or financial gain may be undertaken only with the author’s explicit consent. 8/98 US VS. THEM: DUALISM AND THE FRONTIER IN HISTORY by Jonathan Joseph Wlasiuk B.A. The Ohio State University, 2002 presented in partial fulfillment of the requirements for the degree of Master of Arts The University of Montana April 2004 Approved by: lairperson Dean, Graduate School Date UMI Number: EP40706 AH rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. -
Edmund Burke's German Readers at the End of Enlightenment, 1790-1815 Jonathan Allen Green Trinity Hall, University of Cambridg
Edmund Burke’s German Readers at the End of Enlightenment, 1790-1815 Jonathan Allen Green Trinity Hall, University of Cambridge September 2017 This dissertation is submitted for the degree of Doctor of Philosophy. Declaration This dissertation is the result of my own work and includes nothing which is the outcome of work done in collaborations except as declared in the Declaration and specified in the text. All translations, unless otherwise noted or published in anthologies, are my own. It is not substantially the same as any that I have submitted, or, is being concurrently submitted for a degree or diploma or other qualification at the University of Cambridge or any other University of similar institution except as declared in the Declaration and specified in the text. I further state that no substantial part of my dissertation has already been submitted, or, is being concurrently submitted for any such degree, diploma or other qualification at the University of Cambridge or any other University or similar institution except as declared in the Declaration and specified in the text. It does not exceed the prescribed word limit for the Faculty of History Degree Committee (80,000 words). Statement of Word Count: This dissertation comprises 79,363 words. 1 Acknowledgements Writing this dissertation was a challenge, and I am immensely grateful to the many friends and colleagues who helped me see it to completion. Thanks first of all are due to William O’Reilly, who supervised the start of this research during my MPhil in Political Thought and Intellectual History (2012-2013), and Christopher Meckstroth, who subsequently oversaw my work on this thesis. -
Jürgen Habermas and Carl Schmitt in the Paradigm of Modernity for a Critique of the Modern Law
UNIVERSIDADE DE BRASÍLIA – FACULDADE DE DIREITO PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO – DOUTORADO ÁREA DE CONCENTRAÇÃO: CONSTITUIÇÃO E DEMOCRACIA Jürgen Habermas and Carl Schmitt in the paradigm of modernity For a critique of the modern law Orientador: Prof. Dr. Miroslav Milović Vanja Grujić Brasília, Setembro 2017 Dedicatória Gostaria de expressar a minha sincera gratidão à Universidade Nacional de Brasília e à Faculdade de Direito por me dar a honra e a oportunidade para defender a minha tese aqui. Também queria expressar minha apreciação ao meu professor Prof. Dr. Miroslav Milović. Você tem sido um inspirador mentor para mim. Gostaria de agradecer-lhe por encorajar minha pesquisa e por me permitir crescer na esfera acadêmica. Gostaria também de agradecer aos meus membros da comissão, a professora Rochelle Cysne Frota D'Abreu, ao professor Marcelo da Costa Pinto Neves, ao professor Paulo César Nascimento, e ao professor Juliano Zaiden Benvindo por servir como membros do meu comitê, mesmo em dificuldades. Além disso, gostaria de expressar o agradecimento aos funcionários da secretaria de pós-graduação da Faculdade de Direito por me ajudar sempre que necessário. Também, gostaria de agradecer a CAPES (Coordenação de Aperfeiçoamento de Pessoal de Nível Superior) para o financiamento do meu doutorado no Brasil, e para a oportunidade de fazer parte do programa doutorado sanduíche no exterior. Sem essas bolsas, meus estudos de doutorado não seriam possíveis. Sincera gratidão a todos os colegas e professores da Faculdade de Direito em Brasília. Ouvir suas ideias e comentários foi uma experiência incrível e aprendi muito com vocês. Por último, mas não menos importante, agradeço aos professores e colegas da ZERP (Zentrum für Europäische Rechtspolitik der Universität Bremen) por seus frutíferos comentários, palavras de encorajamento e amizade que certamente deixaram uma marca importante no meu trabalho. -
The Structures of Authority and Political Use of Religious Practices in Thomas Hobbes and Carl Schmitt
The Structures of Authority and Political Use of Religious Practices in Thomas Hobbes and Carl Schmitt Luke COLLISON September 2020 Submitted in partial fulfilment of the requirements of the Centre for Research in Modern European Philosophy (CRMEP), Kingston University for the award of Doctor of Philosophy. 1 Abstract This thesis examines the structures of authority in the political theories of Thomas Hobbes and Carl Schmitt. In milieux marked by crises of political legitimacy, civil unrest and war, both Hobbes and Schmitt strove to develop new theoretical foundations in support of their conservative visions of the authority of the state. The exhaustion of traditional means of legitimation, such as divine right or romantic ideals of community, demanded innovative alternatives. Though Hobbes and Schmitt drew on a wide range of sources, I argue that religious practices were centrally important. Focussing on questions of the source and genesis of authority, my study argues that in different ways both identify participation as key to the origination of authority. In part one, through a chronological investigation of Hobbes’ works, I demonstrate that he assembles a multi-faceted theoretical support for authority. While the covenant is essential for establishing the artifice of sovereign potestas, I argue that Hobbes progressively supplements this fragile artifice with a series of additional apparatuses: civil worship based on religious practices, authorisation based on theatrical analogies and educational and pedagogical practices drawn from a general, almost polytheistic, conception of religion. However, I show that ultimately Hobbes’ mechanistic psychology undermines his attempt at an integrated and scientific account of worship and pedagogy. In part two, I divide Schmitt’s oeuvre into monarchical and democratic writings.