Constitutional Failure: Carl Schmitt in Weimar by Ellen Kennedy

By Ellen Kennedy

Constitutional Failure is a tremendous contribution to reports of the German political thinker Carl Schmitt (1888–1985), the Weimar Republic, and the connection of constitutionalism, political financial system, and democracy. An the world over well known pupil of Weimar criminal concept, Ellen Kennedy introduced Schmitt’s overlooked paintings to the eye of English-speaking readers along with her very popular translations of his paintings and reviews of its position in twentieth-century political idea. during this eagerly awaited e-book, she tracks Schmitt’s contribution to the canon of Western political philosophy in the course of its such a lot tricky and unsafe moment—the time of Weimar Germany and the 3rd Reich—demonstrating the centrality of his notion to understandings of the fashionable constitutional country and its precarious monetary and social foundations.

Kennedy unearths how Schmitt’s argument for a powerful yet impartial nation supported the maximization of industry freedom on the price of the political structure. She argues that the most important fault strains of Weimar liberalism—emergency powers, the courts as “defenders of the constitution,” mass mobilization of anti-liberal politics, ethnic-identity politics, a tradition of resentment and contested legitimacy—are now not exceptions in the liberal-democratic orders of the West, yet significant to them. Contending that Schmitt’s concept is still important at the present time simply because liberal norms are insufficient to the political demanding situations dealing with constitutional platforms as various as these of jap Europe and the USA, Kennedy develops a compelling, rigorous argument that unsettles many assumptions approximately liberalism, democracy, and dictatorship.

Show description

Read or Download Constitutional Failure: Carl Schmitt in Weimar PDF

Best legal history books

Political Questions Judicial Answers

Virtually because the starting of the republic, America's rigorous separation of powers between government, Legislative, and Judicial Branches has been umpired through the federal judiciary. it may possibly appear impressive, then, that many in a different way usual situations should not determined in court docket even if they contain allegations that the President, or Congress, has violated a legislations or the structure itself.

Historic Waters in the Law of the Sea: A Modern Re-Appraisal (Publications on Ocean Development)

This paintings reassesses the doctrine, and present-day prestige, of old waters within the legislations of the ocean, rather within the gentle of the newest judgements of the overseas court docket of Justice that have observed the subject and within the usa, comparable to Alaska v. US(2005) within which the writer acted as professional witness for the united states federal govt.

The Nebraska-Kansas Act of 1854

The Nebraska-Kansas Act of 1854 turns the wrong way up the normal frame of mind approximately probably the most very important legislation ever handed in American historical past. The act that created Nebraska and Kansas additionally, in influence, abolished the Missouri Compromise, which had prohibited slavery within the zone on the grounds that 1820. This bow to neighborhood keep watch over outraged the state and resulted in vicious confrontations, together with Kansas’s next mini-civil struggle.

The Argument and the Action of Plato's Laws

The posthumous book of The Argument and the motion of Plato's "Laws" was once compiled almost immediately earlier than the loss of life of Leo Strauss in 1973. Strauss bargains an insightful and instructive interpreting via cautious probing of Plato's vintage textual content. "Strauss's The Argument and the motion of Plato's 'Laws' displays his curiosity in political inspiration, his dogged approach to following the argument of the legislation step-by-step, and his full of life safeguard of this dialogue's integrity in appreciate to the beliefs of the Republic.

Extra resources for Constitutional Failure: Carl Schmitt in Weimar

Example text

If there is only ‘‘interest,’’ whether of the group or the individual, then nothing justifies the tragic character of political authority. He never wavered from that conception. ∫∞ It was also the issue over which he differed fundamentally with Carl Schmitt. The maintenance of the Reich—a unified German state in the face of particularist political movements in important Länder such as Bavaria— was Popitz’s central concern during the Republic, and his policy studies and advice to governments on matters of fiscal administration and taxation reflect that general theme.

There is no direct criticism of the regime, and nothing in Schmitt’s thought would have led him to the risky enterprise of resistance. ∞∞≤ Popitz had read the lecture and disagreed with its approach, Schmitt remarks, primarily because of the connection it made between jurisprudence and philosophy: Popitz thought that concepts such as person, reciprocity and many others were purely philosophical in origin, and that jurisprudence could not avoid reliance on philosophy. The influence of Greek philosophy and the Roman law were the great examples of this for him.

On December 2, Popitz’s sixtieth birthday, the day after Schmitt lectured at Leipzig, Popitz had been in prison for five months. ∞≤∑ Sentenced by the ‘‘People’s Court’’ (Volksgerichtshof) to death in October 1944, Popitz was led once to the execution room, only to be brought back and ordered to work on administrative and financial reform documents. He was finally executed on February 2, 1945. Schmitt was arrested in Berlin by the Russians in April 1945 but was released after interrogation. In June 1945 the Americans arrested him and had him fill out a questionnaire, released him, then arrested him again.

Download PDF sample

Rated 4.27 of 5 – based on 10 votes