Constitutional Theory e-Duke books scholarly collection.

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Duke University Press Books #ad - 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. Carl schmitt’s magnum opus, constitutional Theory, was originally published in 1928 and has been in print in German ever since.

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. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people.

Constitutional Theory e-Duke books scholarly collection. #ad - . This volume makes schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. 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.

This volume also contains extensive editorial notes and a translation of the Weimar Constitution. In constitutional theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. Constitutional theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone.

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.

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The Concept of the Political: Expanded Edition

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University of Chicago Press #ad - An essential update on a modern classic, The Concept of the Political, Expanded Edition belongs on the bookshelf of anyone interested in political theory or philosophy. George schwab’s introduction to his translation of the 1932 German edition highlights Schmitt’s intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state.

The Concept of the Political: Expanded Edition #ad - Strong placing schmitt’s work into contemporary context, this expanded edition also includes a translation of Schmitt’s 1929 lecture “The Age of Neutralizations and Depoliticizations, ” which the author himself added to the 1932 edition of the book. In this, his most influential work, legal theorist and political philosopher Carl Schmitt argues that liberalism’s basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state—a critique as cogent today as when it first appeared.

In addition to analysis by Leo Strauss and a foreword by Tracy B.

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Political Theology: Four Chapters on the Concept of Sovereignty

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University of Chicago Press #ad - Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability.

According to schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century.

Political Theology: Four Chapters on the Concept of Sovereignty #ad - Focusing on the relationships among political leadership, and the state of political emergency, the norms of the legal order, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign.

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Dictatorship

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Polity #ad - Dictatorship, schmitt argues, is a necessary legal institution in constitutional law and has been wrongly portrayed as just the arbitrary rule of a so-called dictator. And despite being written in the early part of the twentieth century, it speaks with remarkable prescience to our contemporary political concerns.

Dictatorship is an essential book for understanding the work of Carl Schmitt and a major contribution to the modern theory of a democratic, constitutional state. Now available in english for the first time, Dictatorship is Carl Schmitt’s most scholarly book and arguably a paradigm for his entire work.

Dictatorship #ad - Written shortly after the russian revolution and the First World War, Schmitt analyses the problem of the state of emergency and the power of the Reichspräsident in declaring it.

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Land and Sea: A World-Historical Meditation

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Telos Press Publishing #ad - Berman and samuel garrett zeitlin, includes extensive textual annotations that compare critical variations between the original 1942 edition of Land and Sea and the subsequent editions published in 1954 and 1981. Originally published in 1942, at the height of the second world war, Land and Sea: A World-Historical Meditation recounts Carl Schmitt's view of world history "as a history of the battles of sea powers against land powers and of land powers against sea powers.

Schmitt here unfolds his view of world history from the Peloponnesian War to European colonial expansion to the birth pangs of capitalism, while polemically setting Nazi Germany as a continental land power against Britain and the United States as its maritime enemies. In land and sea, and his readings of thinkers as diverse as seneca, schmitt offers his interpretations of the rise of Venice, "corsair capitalism, Herman Melville, " the spatial revolution of European colonial expansion, Shakespeare, piracy, the rise of the British empire, and Benjamin Disraeli.

Land and Sea: A World-Historical Meditation #ad - This new and authorized edition from Telos Press Publishing, translated by Samuel Garrett Zeitlin and edited by Russell A.

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Legality and Legitimacy

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Duke University Press Books #ad - John P. In this important work, parliamentary government, Schmitt questions the political viability of liberal constitutionalism, and the rule of law. In addition to jeffrey seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution.

Mccormick’s introduction places legality and legitimacy in its historical context, clarifies some of the intricacies of the argument, constitutionalism, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists.

Legality and Legitimacy #ad - Unavailable in english until now, legality and legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. His incisive criticisms of enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany.

Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. Carl schmitt ranks among the most original and controversial political thinkers of the twentieth century.

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Writings on War

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Polity #ad - Written between 1937 and 1945, these works articulate schmitt's concerns throughout this period of war and crisis, addressing the major failings of the League of Nations, and presenting Schmitt's own conceptual history of these years of disaster for international jurisprudence. Not only do these writings offer an erudite point of entry into the dynamic and charged world of interwar European jurisprudence; they also speak with prescience to a 21st century world struggling with similar issues of global governance and international law.

Writings on war will be essential reading for those seeking to understand the work of Carl Schmitt, the history of international law and the international system, and interwar European history. For schmitt, insofar as they attempt to impose universal standards of ‘humanity' on a heterogeneous world, the jurisprudence of Versailles and Nuremberg both fail to provide for a stable international system, and treat efforts to revise the status quo as ‘criminal' acts of war.

Writings on War #ad - Writings on war collects three of carl schmitt's most important and controversial texts, The Großraum Order of International Law, here appearing in English for the first time: The Turn to the Discriminating Concept of War, and The International Crime of the War of Aggression and the Principle "Nullum crimen, nulla poena sine lege".

. In place of these flawed systems, schmitt argues for a new planetary order in which neither collective security organizations nor 19th century empires, but Schmittian ‘Reichs' will be the leading subject of international law.

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Political Theology II: The Myth of the Closure of any Political Theology

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Polity #ad - This translation makes available for the first time to the English-speaking world Schmitt's understanding of Political Theology and what it implies theologically and politically. Political theology II is Carl Schmitt's last book. In political theology ii, first published in 1970, a long journey comes to an end which began in 1923 with Political Theology.

Political Theology II: The Myth of the Closure of any Political Theology #ad - Part polemic, part self-vindication for his involvement in the National Socialist German Workers' Party NSDAP, this is Schmitt's most theological reflection on Christianity and its concept of sovereignty following the Second Vatican Council. At a time of increasing visibility of religion in public debates and a realization that Schmitt is the major and most controversial political theorist of the twentieth century, this last book sets a new agenda for political theology today.

The crisis at the beginning of the twenty-first century led to an increased interest in the study of crises in an age of extremes - an age upon which Carl Schmitt left his indelible watermark.

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Essay on Catholicism, Liberalism and Socialism, Considered in their Fundamental Principles

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Aristos Press #ad - The classic conservative response to liberalism, Socialism and the conception of a Christian, European, political order that in many ways is in direct opposition to the orthodoxy of the modern age. This essential Neo-Reactionary classic. Juan donoso cortes follows in same line of thought as thinkers such as Thomas Carlyle, Mencius Moldbug, Nick Land, and Hans-Hermann Hoppe.

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Political Romanticism Library of Conservative Thought

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Routledge #ad - Both the partisans of the French Revolution and its most embittered enemies were numbered among the romantics. According to schmitt, the use of the concept to designate opposed political positions results from the character of political romanticism: its unpredictable quality and lack of commitment to any substantive political position.

The romantic person acts in such a way that his imagination can be affected. The product of an action is not a result that can be evaluated according to moral standards, but rather an emotional experience that can be judged only in aesthetic and emotive terms. These observations lead Schmitt to a profound reflection on the shortcomings of liberal politics.

Apart from the liberal rule of law and its institution of an autonomous private sphere, the romantic inner sanctum of purely personal experience could not exist. Thus an action is not a performance or something one does, but rather an affect or a mood, something one feels. During the movement for German national unity at the beginning of the nineteenth century, both revolutionaries and reactionaries counted themselves as romantics.

Political Romanticism Library of Conservative Thought #ad - . A pioneer in legal and political theory, Schmitt traces the prehistory of political romanticism by examining its relationship to revolutionary and reactionary tendencies in modern European history. Without the security of the private realm, the romantic imagination would be subject to unpredictable incursions.

An adequate political order cannot be maintained on such a tolerant individualism, concludes Schmitt.

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Law, Pragmatism, and Democracy

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Harvard University Press #ad - Richard posner argues for a conception of the liberal state based on pragmatic theories of government. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. Posner argues that democracy is best viewed as a competition for power by means of regular elections.

He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules.

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