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Author: Jacques de Ville
Publisher: Taylor & Francis
ISBN: 1351866397
Category : Law
Languages : en
Pages : 226
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Book Description
This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (1927), Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate Salus (1950), The Nomos of the Earth (1950) and The Theory of the Partisan (1963). This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution and human rights. The book seeks to rethink the structure of these concepts in line with Derrida’s analysis of Schmitt’s texts on the concept of the political in Politics of Friendship (1993). This happens by way of an analysis of Derrida’s engagement with Freud and other psychoanalysts. Although the main focus in the book is on Schmitt’s texts, it further examines two texts of Derrida (Khōra (1993) and Fors: The Anglish Words of Nicholas Abraham and Maria Torok (1976)), by reading these alongside Schmitt’s own reflections on the positive concept of the constitution.
Author: Jacques de Ville
Publisher: Taylor & Francis
ISBN: 1351866397
Category : Law
Languages : en
Pages : 226
Get Book Here
Book Description
This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (1927), Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate Salus (1950), The Nomos of the Earth (1950) and The Theory of the Partisan (1963). This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution and human rights. The book seeks to rethink the structure of these concepts in line with Derrida’s analysis of Schmitt’s texts on the concept of the political in Politics of Friendship (1993). This happens by way of an analysis of Derrida’s engagement with Freud and other psychoanalysts. Although the main focus in the book is on Schmitt’s texts, it further examines two texts of Derrida (Khōra (1993) and Fors: The Anglish Words of Nicholas Abraham and Maria Torok (1976)), by reading these alongside Schmitt’s own reflections on the positive concept of the constitution.
Author: Jacques de Ville
Publisher: Taylor & Francis
ISBN: 1351866400
Category : Law
Languages : en
Pages : 231
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Book Description
Cover -- Title -- Copyright -- Dedication -- Contents -- Acknowledgements -- Note on translations and references -- List of abbreviations -- 1 Introduction -- Schmitt and Derrida -- Constitutional theory -- Reading Schmitt -- Sequence and overview of chapters -- 2 The concept of the political -- A. Polémios -- Introduction -- Plato -- Schmitt -- Freud -- Heidegger -- The structure of the political -- B. Partisan -- Introduction -- Criteria -- The question of technology -- Philosophy and the Acheron -- The brother as double -- Woman as the absolute partisan -- Today's terror and the structure of the political -- C. Self -- Introduction -- Defining man: nakedness -- Stirner and his ego -- Modern technology -- Being-placed-in-question -- Self-deception -- Descartes and the self as enemy -- Hegel and the enemy -- Echo -- The concept of the political -- 3 Constituent power -- Introduction -- Political unity -- Political theology -- Fear and the Leviathan -- Demos without sovereignty -- Conclusion -- 4 Identity and representation -- Introduction -- The formation of identity -- Representation reconceived -- Conclusion -- 5 The concept of the constitution -- A. Khōra -- Introduction -- Derrida's reading of the Timaeus -- Khōra and the political -- Constitutions as giving place -- B. Crypt -- Introduction -- The Wolf Man -- The Wolf Man's crypt -- Constitution, memory and trauma -- 6 Human rights -- Introduction -- Freedom -- Equality -- Living together -- 7 State, Gro[beta]raum, nomos -- Introduction -- Nomos -- Man, space, nomos -- Conclusion -- 8 Conclusion -- Schmitt 'before' Derrida -- Derrida reading Schmitt -- Schmitt 'after' Derrida -- Bibliography -- Index
Author: Michael Marder
Publisher: Bloomsbury Publishing USA
ISBN: 0826434088
Category : Political Science
Languages : en
Pages : 203
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Book Description
Groundless Existence discusses the implicit phenomenological and existential foundations of Schmitt's political philosophy. The book's unique contribution lies in its claim that Schmitt decisively breaks with the metaphysical tradition and predicates the political on the 'groundless' categories of existence, including risk, decision, and agonism. This argument is substantiated by both tacit and explicit existentialist and phenomenological underpinnings of Schmitt's work, discussed here for the first time in book form.The book provides an insight into the implications of Schmitt's thought reconceptualized in the light of contemporary political developments. An essential text for anyone interested in the political theory of Carl Schmitt, it offers a new reading of Schmitt's work against the double background of phenomenology and existentialism.
Author: Jacques de Ville
Publisher: State University of New York Press
ISBN: 1438491735
Category : Philosophy
Languages : en
Pages : 266
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Book Description
Deconstructive Constitutionalism explores the relationship between the thinking of Immanuel Kant and Jacques Derrida concerning modern constitutionalism. Kant is widely recognized as one of the philosophical forebears of modern constitutionalism; that is, the notion that state powers should be defined and limited through a constitution. Kant laid the foundation of constitutionalism through his exposition of freedom, practical reason, and moral law. However, constitutionalism is under severe strain due to the challenges posed by inter alia climate change, global health, global conflict, authoritarianism, authoritarian populism, religious fundamentalism, migration, and inequality. Deconstructive Constitutionalism investigates, by way of Derrida's engagements with Kant, how the foundations of constitutionalism can be conceived differently to address some of these twenty-first-century challenges. The book examines the possible implications of such a re-reading of Kant for democracy, the human-animal relation, criminal law and punishment, as well as for a global constitutional order.
Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509969853
Category : Philosophy
Languages : en
Pages : 300
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Book Description
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it. This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law. The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Author: Benjamin A. Schupmann
Publisher: Oxford University Press
ISBN: 0192509314
Category : Law
Languages : en
Pages : 257
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Book Description
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
Author: Peter C. Caldwell
Publisher: Duke University Press
ISBN: 9780822319887
Category : History
Languages : en
Pages : 324
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Book Description
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Author: Kirk Wetters
Publisher: Fordham Univ Press
ISBN: 0823229882
Category : Literary Criticism
Languages : en
Pages : 311
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Book Description
"This book revises the concept of the public sphere by examining opinion as a foundational concept of modernity. Indispensable to ideas like "public opinion" and "freedom of opinion," opinion - though often held in dubious repute - here assumes a central position in modern philosophy, literature, sociology, and political theory. Kirk Wetters focuses on interpretive shifts begun in the Enlightenment and cemented by the French Revolution to restore the concept of "opinion" to a central role in our understanding of the political public sphere." "Addressing an intriguing range of thinkers, some little known to an American readership, Wetters argues that the transformations wrought by opinion are resisted by literary language, which opposes the rigid formalism that compels individuals to identify with their opinions. Rather than forcing thought to bind itself to stable opinions, modern literary forms seek to suspend this moment of closure, so that held opinions do not bring all deliberative processes to a standstill."--BOOK JACKET.
Author: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694675
Category : Philosophy
Languages : en
Pages : 157
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Book Description
The future of Europe and the role it will play in the 21st century are among the most important political questions of our time. The optimism of a decade ago has now faded but the stakes are higher than ever. The way these questions are answered will have enormous implications not only for all Europeans but also for the citizens of Europe’s closest and oldest ally – the USA. In this new book, one of Europe's leading intellectuals examines the political alternatives facing Europe today and outlines a course of action for the future. Habermas advocates a policy of gradual integration of Europe in which key decisions about Europe's future are put in the hands of its peoples, and a 'bipolar commonality' of the West in which a more unified Europe is able to work closely with the United States to build a more stable and equitable international order. This book includes Habermas's portraits of three long-time philosophical companions, Richard Rorty, Jacques Derrida and Ronald Dworkin. It also includes several important new texts by Habermas on the impact of the media on the public sphere, on the enduring importance religion in "post-secular" societies, and on the design of a democratic constitutional order for the emergent world society.
Author: Reinhard Mehring
Publisher: Polity
ISBN: 9780745652252
Category : Philosophy
Languages : en
Pages : 700
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Book Description
Carl Schmitt is one of the most widely read and influential German thinkers of the twentieth century. His fundamental works on friend and enemy, legality and legitimacy, dictatorship, political theology and the concept of the political are read today with great interest by everyone from conservative Catholic theologians to radical political thinkers on the left. In his private life, however, Schmitt was haunted by the demons of his wild anti-Semitism, his self-destructive and compulsive sexuality and his deep-seated resentment against the complacency of bourgeois life. As a young man from a modest background, full of social envy, he succeeded in making his way to the top of the academic world in Germany, and yet he never felt at home in the academic establishment and among those of high social standing. When the Nazis seized power, Schmitt was susceptible to their ideology. He broke with his Jewish friends, joined the Nazi Party in May 1933 and lent a helping hand to Hitler, thereby becoming deeply entangled with the regime. Schmitt was irrevocably compromised by his role as the ‘crown jurist’ of the Third Reich. After the war, he led a secluded life in his home town in the Sauerland and became a key background figure in the intellectual scene of postwar Germany. Reinhard Mehring’s outstanding biography is the most comprehensive work available on the life and work of Carl Schmitt. Based on thorough research and using new sources that were previously unavailable, Mehring portrays Schmitt as a Shakespearean figure at the centre of the German catastrophe.
