Limiting democracy and framing the economy: Hayek,Schmitt and ordoliberalism

This article shows how Hayek’s understanding of ‘unlimited democracy’ was influenced by the work of Carl Schmitt. It goes on to make the case that ordoliberal ideas informed his suggestions for limiting democracy, made in response to Schmitt’s work. A number of authors have drawn attention to the influence of Schmitt on Hayek’s thought. Similarly, the ordoliberal relationship has been explored. However, these two influences must be read alongside each other in order to arrive at a full understanding of Hayek’s deep ambivalence towards democracy and how that developed from the 1930s through to the 1970s. Finally, the article makes the case that the decisive influence on Hayek’s later authoritarian turn was not the work of Schmitt, as certain authors have argued, but ordoliberal interpretations of dictatorship. It also argues that Hayek’s model constitution is informed by fundamental ordoliberal concerns.     

Humanization,Eschatology, Theodicy

Abstract

This paper aims at analyzing what the author calls the “hidden nexus between” Metz and Schmitt. Relying on a Schmittean reference to Metz, pointing to certain conceptual and theoretical, as well as historical components, the paper argues that it is a shared concern about the mistaken modern — utopian reworking of eschatology. The paper also demonstrates how the more recent Metzean rethinking of the problem of theodicy works further this eschatological theme.     

Containment and intensification in political war: Carl Schmitt and the Clausewitzian heritage

This article provides the first comprehensive and chronological analysis of Carl Schmitt’s reception of Carl von Clausewitz. While earlier scholarship has mostly stressed Schmitt’s shift from Clausewitzian ‘instrumentality’ to an ‘existential’ view of war, I note some inherent difficulties in this dichotomy and instead promote the parallel distinction between two argument types: those of containment and intensification. Schmitt theorized both limited political war and the intensification of war out of traditional bounds, and focusing on one should not eclipse the other. Further, both elements are identifiable already in Clausewitz. I analyse Schmitt’s oscillation between containment and intensification arguments chronologically from the mid-1920s to the 1960s. Despite sometimes nominally rejecting Clausewitz’s famous thesis of war as the continuation of politics, Schmitt nevertheless affirmed the idea of war’s political nature. I conclude that Schmitt’s view can be read as a radicalized version of the Clausewitzian political theory of war rather than a strict deviation from it. This becomes evident as soon as we place Schmitt’s partly incoherent observations on Clausewitz in their argumentative contexts.     

Ultra-modern thoughts: political theology in Leo Strauss’s Philosophy and Law

A primary theme in Leo Strauss’s early work is how medieval Jewish and Islamic political philosophy, while influenced by Plato, differs from him in crucial ways. This theme is central to Strauss’s 1935 book Philosophy and Law. Philosophy and Law concerns the medieval ‘philosophic foundation of the law,’ which provides a rational justification of revelation. For Strauss, the foundation provides this justification by virtue of some difference it has from Plato. In this paper, I offer a new interpretation of Strauss’s view of this difference. I suggest that, for Strauss, whereas Plato conceived of the legislator and his legislation, the foundation conceives of the sovereign and his sovereign laws. On this basis, I also suggest a solution to a perennial mystery of Philosophy and Law: Strauss claims that the medieval foundation reveals ‘ultra-modern thoughts,’ yet does not explicitly state the identity of these thoughts. I suggest that their author is Carl Schmitt.     

Orthodox violence: “Critique of Violence” and Walter Benjamin's Jewish political theology

This paper deals with the role of Judaism in Walter Benjamin's famous 1921 essay on violence and law, Zur Kritik der Gewalt. Despite the intense attention devoted to this essay, the role of Jewish myth in it has not yet been thoroughly explained. This study contends that the association between what Benjamin termed revolutionary violence and the Jewish messianic tradition, which plays a central role in the evaluation of Benjamin's text, is far more problematic than has hitherto been assumed, and poses a serious challenge, which has not been fully examined in its historical context. Second, this essay claims that the subversive elements that many have supposedly found in Benjamin's text and the attempts to link these elements to messianic traditions are also unconvincing. Third, the paper contextualizes Benjamin's thought within the framework of the Jewish political–theological debate of the period. It contends that Benjamin's theory of law and justice should be understood not as a revolutionary, anti-republican text, as has been generally accepted, but as a secularized conservative orthodox one. In doing so, it seeks to shed light not only on Benjamin's early thinking and its influences, but also on the neglected element of Jewish orthodoxy within the broader topic of political theology.     

‘Iustitiam non includo’: Carl Schmitt, Hugo Grotius and the Ius Publicum Europaeum

Through a discussion of Hugo Grotius’ conception of just war, this essay shows that within his critique of liberalism, Schmitt clashed with the very intellectual tradition he claimed to represent. Both historically and philosophically Schmitt's concept of the Ius Publicum Europaeum was a mirage. Indeed, his concept of the political was a rejection of the moral and civil philosophy that sees politics as the world of active citizens and commonwealths arguing with each other about fundamental questions of justice and equity.     

Carl Schmitt on land and sea

Carl Schmitt (1888-1985), one of the leading conservative legal thinkers of the Weimar Republic and Nazi Germany, is best known today for his critique of liberalism. Between the late 1930s and mid-1950s, Schmitt wrote numerous articles and two books addressing the mythical and geopolitical significance of land and sea. In recent years, these texts have begun to attract attention from historians as well as theorists. This article reconstructs the origins of Schmitt's theories about land and sea, and shows how they developed in the context of his efforts to delegitimize the British Empire and justify the persecution of Jews. It also explains how Schmitt selectively misread the history of maritime law in order to critique the ‘freedom of the seas.’ Finally, it reveals that the meaning Schmitt ascribed to ‘the opposition of the elements of land and sea’ changed dramatically to suit his political needs. For all their evocative qualities and insights, Schmitt's texts on land and sea do not constitute a coherent theory, but rather a shifting field of polemical positions in search of theoretical support.     

The Unevenness of Political Theology

ABSTRACT

Those who agree that Carl Schmitt was correct to prefer to political theology to liberalism nonetheless need to develop an account of how an authority structure can sustain itself without imposing an ideology on those over whom it rules. This article suggests that one possibility forward is found in the mystical political theology of Jacob Taubes's 1955 essay “On The Symbolic Order of Modern Democracy,” since that essay posits a political body in which sovereignty is distributed, without forcing that distribution in an arbitrary manner.     

Law,Principle, and the Theologico-Political History of Sovereignty

Abstract

This article takes it cue from the debate between Carl Schmitt and Erik Peterson regarding the possibility of political theology within Christianity, and in response, offers a conceptual-historical portrait of sovereignty and its juridical dimensions. Beginning with the introduction of Roman law into the medieval Church, the article traces the logic of “legal principle” as the basis of sovereign decision and how the form of legal distinctions adopted into canon law translate the Romanitas of law into the theory of papal sovereignty. By the Romanitas of law, that is to say the principle of sovereignty in law. The article then seeks to describe the conceptual translations of Roman politics and Stoic metaphysics into theological form and the logic of this translation into medieval natural law. The article concludes by evaluating how the civic theology of Rome is conceptually inherited by the politics and legal framework of sovereignty and returns to Peterson’s critique of Schmitt, arguing that political theology can be understood as a dynamic where politics is theologized, assuming that in the history of religion, theology and politics are never fully distinct to begin with.     

The Theology of Carl Schmitt's Political Theology

The theological turn in studies of Carl Schmitt is pronounced. This paper does not challenge this turn, but questions what theology means for Schmitt. Specifically, it challenges the assumption that Schmitt's political theology is grounded in divine revelation. By distinguishing between “theology in the sense of divine revelation” and “theology in the sense of epistemic faith,” it argues that Schmitt's political theology is epistemic in origin. Schmitt's political theology is not rooted in faith in divine revelation, but in the narrower notion that human cognition is, ultimately, rooted in faith not reason, revelation, or common sense.