Individualism, the Total State and Race in the Views of Carl Schmitt
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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. -
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. -
Document Contains 1,126 Words
No. 19-351 ================================================================================================================ In The Supreme Court of the United States --------------------------------- ♦ --------------------------------- FEDERAL REPUBLIC OF GERMANY, a foreign state, and STIFTUNG PREUSSICHER KULTURBESITZ, Petitioners, v. ALAN PHILIPP, et al., Respondents. --------------------------------- ♦ --------------------------------- On Writ of Certiorari To The United States Court of Appeals For The D.C. Circuit --------------------------------- ♦ --------------------------------- JOINT APPENDIX --------------------------------- ♦ --------------------------------- JONATHAN M. FREIMAN NICHOLAS M. O’DONNELL Counsel of Record Counsel of Record TADHG DOOLEY ERIKA L. TODD BENJAMIN M. DANIELS SULLIVAN & WORCESTER LLP DAVID R. ROTH One Post Office Square WIGGIN AND DANA LLP Boston, MA 02109 265 Church Street (617) 338-2814 P.O. Box 1832 [email protected] New Haven, CT 06508-1832 Counsel for Respondents (203) 498-4400 [email protected] DAVID L. HALL WIGGIN AND DANA LLP Two Liberty Place 50 S. 16th Street Suite 2925 Philadelphia, PA 19102 (215) 998-8310 Counsel for Petitioners Petition For Certiorari Filed September 16, 2019 Certiorari Granted July 2, 2020 ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i TABLE OF CONTENTS Page Relevant Docket Entries from the United States District Court for the District -
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. -
Displacements and Replacements of the Political in an Unbounded Dictatorship
Polycracy As An A-System Of Rule? Displacements And Replacements Of The Political In An Unbounded Dictatorship Abstract The concept of polycracy is beset by a number of paradoxes: it designates a form of political rule in the absence of such rule. In such circumstances, a multiplicity of social formations, economic and financial agencies and operational functions install themselves anomically at local level and extend independently of and beyond policy and legislation. In doing so, they split and supplant frameworks of the state and of political and societal institutions. This article sets out to trace the lineages of the concept of polycracy and its instantiations in a system of rule that involves a process of political de-structuring. More specifically, the question explored here is what takes place in the destroyed political space and what takes its place in the unbounded state of the Nazi dictatorship. Keywords: polycracy; National Socialist totalitarianism; Nazi regime; party–state relationship; occupying regime; Weimar Republic; quantitatively total state Introduction Even with historical hindsight, the phenomenon termed “totalitarianism” presents a number of conundrums. To start off with, it resists definition. To describe it as a “system of rule” risks contradiction (see Kershaw 1999, 222), because “a- systematicity” is its most pertinent characteristic. As a particular type of modern dictatorship, it has invited comparisons, yet such comparisons remain limited and general (considering e.g. the limited comparability of the National Socialist regime in Germany and the Stalinist regime in the Soviet Union—see Kershaw 1999). The process of political disintegration described by it is bound to leave the concept under-theorised (see Kershaw 1991, 98) and possibly even to impress itself on the theorist as incomprehensible (see Arendt [1951] 1994, viii), both conceptually and politically. -
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. -
United States District Court for the District of Columbia
Case 1:15-cv-00266 Document 1 Filed 02/23/15 Page 1 of 71 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) Alan PHILIPP, ) 5 Raeburn Close ) London NW11 6UG, United Kingdom, ) ) and ) ) Gerald G. STIEBEL, ) 3716 Old Santa Fe Trail ) Santa Fe, NM 87505, ) ) Plaintiffs, ) ) v. ) Case No. ) FEDERAL REPUBLIC OF GERMANY, a foreign ) state, ) ) and ) ) STIFTUNG PREUSSISCHER KULTURBESITZ, ) ) Von-der-Heydt-Str. 16-18 ) 10785 Berlin, Germany, ) ) Defendants. ) COMPLAINT This is a civil action by plaintiffs Alan Philipp (“Philipp”), and Gerald G. Stiebel (“Stiebel,” together with Philipp, the “plaintiffs”), for the restitution of a collection of medieval relics known as the “Welfenschatz” or the “Guelph Treasure” now wrongfully in the possession of the defendant Stiftung Preussischer Kulturbesitz, a/k/a the Prussian Cultural Heritage Foundation (the “SPK”). The SPK is an instrumentality of the defendant Federal Republic of Germany (“Germany,” together with the SPK, the “defendants”). Case 1:15-cv-00266 Document 1 Filed 02/23/15 Page 2 of 71 INTRODUCTORY STATEMENT 1. This is an action to recover the Welfenschatz, a unique collection of medieval relics and devotional art that was sold by victims of persecution of the Nazi regime under duress, and far below actual market value. Those owners were a consortium of three art dealer firms in Frankfurt: J.&S. Goldschmidt, I. Rosenbaum, and Z.M. Hackenbroch (together, the “Consortium”). Zacharias Max Hackenbroch (“Hackenbroch”), Isaak Rosenbaum (“Rosenbaum”), Saemy Rosenberg (“Rosenberg”), and Julius Falk Goldschmidt (“Goldschmidt”) were the owners of those firms, together with plaintiffs’ ancestors and/or predecessors-in-interest in this action. -
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. -
Mommsen, Hans, Germans Against Hitler
GERMANS AGAINST HITLER HANS MOMMSEN GERMANSGERMANSGERMANS AGAINSTAGAINST HITLERHITLER THE STAUFFENBERG PLOT AND RESISTANCE UNDER THE THIRD REICH Translated and annotated by Angus McGeoch Introduction by Jeremy Noakes New paperback edition published in 2009 by I.B.Tauris & Co Ltd 6 Salem Road, London W2 4BU 175 Fifth Avenue, New York NY 10010 www.ibtauris.com First published in hardback in 2003 by I.B.Tauris & Co Ltd as Alternatives to Hitler. Originally published in 2000 as Alternative zu Hitler – Studien zur Geschichte des deutschen Widerstandes. Copyright © Verlag C.H. Beck oHG, Munchen, 2000 Translation copyright © I.B.Tauris & Co Ltd, 2003, 2009 The translation of this work has been supported by Inter Nationes, Bonn. The right of Hans Mommsen to be identified as the author of this work has been asserted by him in accordance with the Copyrights, Designs and Patents Act 1988. All rights reserved. Except for brief quotations in a review, this book, or any part thereof, may not be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the publisher. ISBN 978 1 84511 852 5 A full CIP record for this book is available from the British Library Project management by Steve Tribe, Andover Printed and bound in India by Thomson Press India Ltd ContentsContentsContents Preface by Hans Mommsen vii Introduction by Jeremy Noakes 1 1. Carl von Ossietzky and the concept of a right to resist in Germany 9 2. German society and resistance to Hitler 23 3. -
Hortensienstrasse 50. the Kreisau Circle and the 20Th of July Thomas Childers University of Tennessee - Knoxville
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Masters Theses Graduate School 8-1971 Hortensienstrasse 50. The Kreisau Circle and the 20th of July Thomas Childers University of Tennessee - Knoxville Recommended Citation Childers, Thomas, "Hortensienstrasse 50. The Kreisau Circle and the 20th of July. " Master's Thesis, University of Tennessee, 1971. https://trace.tennessee.edu/utk_gradthes/3110 This Thesis is brought to you for free and open access by the Graduate School at Trace: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Masters Theses by an authorized administrator of Trace: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a thesis written by Thomas Childers entitled "Hortensienstrasse 50. The Kreisau Circle and the 20th of July." I have examined the final electronic copy of this thesis for form and content and recommend that it be accepted in partial fulfillment of the requirements for the degree of Master of Arts, with a major in History. Arthur G. Haas, Major Professor We have read this thesis and recommend its acceptance: Edward Chmielewski, Edwin H. Trainer, Galen Broeker Accepted for the Council: Dixie L. Thompson Vice Provost and Dean of the Graduate School (Original signatures are on file with official student records.) July 19, 1971 To the Graduate Council: I am submitting herewith a thesis written by Thomas Childers entitled "Hortensienstrasse 50. The Kreisau Circle and the 20th of July." I recommend that it be accepted for twelve quarter hours of credit in partial fulfillment of the requirements for the degree of Master of ·Science( with a major in History.