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Carl Schmitt (July 11, 1888April 7, 1985) was a German jurist, political theorist, and professor of law. Events 911 - Signing of the Treaty of Saint-Clair-sur-Epte between Charles the Simple and Rollo of Normandy. Year 1888 ( MDCCCLXXXVIII) was a Leap year starting on Sunday (click on link for calendar of the Gregorian calendar (or a Events 529 - First draft of Corpus Juris Civilis (a fundamental work in Jurisprudence) is issued by Eastern Roman Emperor Year 1985 ( MCMLXXXV) was a Common year starting on Tuesday (link displays 1985 Gregorian calendar) Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than This is a list of political philosophers, including some who may be better known for their work in other areas of philosophy Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society

Schmitt's ideas have attracted the attention of numerous philosophers and political theorists, including Walter Benjamin, Leo Strauss, Jacques Derrida, Giorgio Agamben, Slavoj Žižek, Alain Badiou, Jacob Taubes, Chantal Mouffe, and Paul Gottfried. Walter Bendix Schönflies Benjamin ( July 15, 1892 &ndash September 27, 1940) was a German - Jewish Marxist Leo Strauss (September 20 1899 &ndash October 18 1973 was a German -born Jewish-American political philosopher who specialized in the study of classical Giorgio Agamben (born 1942 in Rome) is an Italian philosopher who teaches at the Università IUAV di Venezia. Slavoj Žižek (ˈslavoj ˈʒiʒɛk (born 21 March 1949) is a Post-Marxist Sociologist, Philosopher, and Cultural critic Alain Badiou (born January 17, 1937 in Rabat, Morocco) is a prominent French Marxist Philosopher, formerly chair Jacob Taubes (born 1923 Vienna - d March 21 1987, Berlin) was a Sociologist of Religion, Philosopher, and Chantal Mouffe (born 1943 in Charleroi, Belgium) is a Belgian Political theorist. Paul Edward Gottfried (*1941 is Raffensperger Professor of Humanities at Elizabethtown College in Elizabethtown Pennsylvania, and a Guggenheim recipient Much of his work remains controversial today, in part due to his involvement with Nazism. Nazism, which was a short name for National Socialism (Nationalsozialismus refers primarily to the Ideology and practices of the National Socialist German

Contents

Biography

Early years

Schmitt was born the son of a small businessman in Plettenberg, Westphalia on July 11, 1888; he studied law in Berlin, Munich and Strasbourg and took his graduation and state exams in the then-German Strasbourg in 1915. Plettenberg is a town in the Märkischer Kreis, in North Rhine-Westphalia, Germany. Westphalia (Westfalen) is a region in Germany, centred on the cities of Bielefeld, Bochum, Dortmund, Gelsenkirchen, Münster Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Berlin is the capital city and one of sixteen states of Germany. Munich (München; Minga is the capital city of Bavaria, Germany. Strasbourg (Strasbourg stʁazbuʁ Alsatian: Strossburi,; Straßburg) is the capital and principal City of the Alsace région In 1916 he married his first wife, Pawla Dorotić, a Serbian woman. Serbs ( Serbian: Срби Srbi) are a South Slavic people living in the Balkans and Central Europe, mainly in Serbia, They were divorced in 1924. In 1925 he married his second wife, Duška Todorović, also Serbian—they had one daughter, called Anima.
Schmitt had earned his habilitation in 1916 in Strasbourg. Habilitation is the highest academic qualification a person can achieve by their own pursuit in certain European and Asian countries He taught at various business schools and universities - in Munich, Greifswald, Bonn, Berlin, and Cologne.

Nazi period

Carl Schmitt, who became a professor at the University of Berlin in 1933 (a position he held until the end of World War II) joined the NSDAP on May 1, 1933; he quickly was appointed "Preußischer Staatsrat" by Hermann Göring and became the president of the "Vereinigung nationalsozialistischer Juristen" ("Union of National-Socialist Jurists") in November. Berlin is the capital city and one of sixteen states of Germany. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including The, officially National Socialist German Workers' Party, ( abbreviated NSDAP) was a Political party in Germany between 1919 and 1945 Hermann Wilhelm Göring (also spelled Goering) (12 January 1893 15 October 1946 was a German Politician, Military leader and a leading member He thought his theories as an ideological foundation of the Nazi dictatorship, and a justification of the "Führer" state with regard to legal philosophy, in particular through the concept of auctoritas. Nazism, which was a short name for National Socialism (Nationalsozialismus refers primarily to the Ideology and practices of the National Socialist German Auctoritas is a Latin word and is the origin of English " Authority "

Half a year later, in June 1934, Schmitt became editor in chief for the professional newspaper "Deutsche Juristen-Zeitung" ("German Jurists' Newspaper"); in July 1934, he justified the political murders of the Night of the Long Knives as the "highest form of administrative law" ("höchste Form administrativer Justiz"). The Night of the Long Knives (German) or " Operation Hummingbird " was a Purge that took place in Nazi Germany between June 30 and July Schmitt presented himself as a radical anti-semite and also was the chairman of a law teachers' convention in Berlin in October 1936, where he demanded that German law be cleansed of the "Jewish spirit" ("jüdischem Geist"), going so far as to demand that all publications by Jewish scientists should henceforth be marked with a small symbol. Antisemitism (alternatively spelled anti-semitism or anti-Semitism; also rarely known as judeophobia) is the Prejudice against or hostility A convention, in the sense of a meeting is a gathering of individuals who meet at a arid place and time in order to discuss or engage in some common interest Berlin is the capital city and one of sixteen states of Germany.

Nevertheless, in December 1936, the SS publication Das schwarze Korps accused Schmitt of being an opportunist, a Hegelian state thinker and basically a Catholic, and called his anti-semitism a mere pretense, citing earlier statements in which he criticised the Nazi's racial theories. The ( German for "Protective Squadron" abbreviated SS - or ( Runic)- was a major Nazi organization under Adolf Hitler and the Das Schwarze Korps ( German for The Black Corps) was the official newspaper of the Schutzstaffel (SS After this, Schmitt lost most of his prominent offices, and retreated from his position as a leading Nazi jurist, although he retained his post as a professor in Berlin thanks to Göring.

Post-World War II

In 1945, Schmitt was captured by the American forces; after spending more than a year in an internment camp, he returned to his home town of Plettenberg following his release in 1946, and later to the house of his housekeeper Anni Stand in Plettenberg-Pasel. The United States of America —commonly referred to as the Plettenberg is a town in the Märkischer Kreis, in North Rhine-Westphalia, Germany. Year 1946 ( MCMXLVI) was a Common year starting on Tuesday (link will display full 1946 calendar of the Gregorian calendar. Despite being isolated from the mainstream of the scholarly and political community, he continued his studies especially of international law from the 1950s on, and he received a never-ending stream of visitors, both colleagues and younger intellectuals, until well into his old age. International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards Among these visitors, important are Ernst Jünger, Jacob Taubes, and Alexandre Kojève. Ernst Jünger ( March 29, 1895 — February 17, 1998) was a German Writer. Jacob Taubes (born 1923 Vienna - d March 21 1987, Berlin) was a Sociologist of Religion, Philosopher, and Alexandre Kojève (Russian Александр Владимирович Кожевников Aleksandr Vladimirovič Koževnikov; April 28 1902 &ndash

In 1962, Schmitt gave lectures in Francoist Spain, two of them giving rise to the publication, the following year, of Theory of the Partisan (Telos Press, 2007), in which he qualified the Spanish civil war as a "war of national liberation" against "international Communism. The Spanish Civil War was a major conflict in Spain that started after an attempted Coup d'état committed by parts of the army against the government of " Schmitt regarded the partisan as a specific and significant phenomenon that, in the latter half of the twentieth century, indicated the emergence of a new theory of warfare.

Schmitt died on April 7, 1985 and is buried in Plettenberg. Plettenberg is a town in the Märkischer Kreis, in North Rhine-Westphalia, Germany.

Work

On Dictatorship

In 1921, Schmitt became a professor at the University of Greifswald, where he published his essay "Die Diktatur" ("On Dictatorship"), in which he discussed the foundations of the newly-established Weimar Republic, emphasising the office of the Reichspräsident. The University of Greifswald (full name Ernst Moritz Arndt University of Greifswald, Ernst-Moritz-Arndt-Universität Greifswald is located in Greifswald, A dictatorship is usually defined as an autocratic Form of government in which the Government is ruled by a Dictator. The term Weimar Republic ( ˈvaɪmarɐ repuˈbliːk is used by historians to signify the democratic and Republican period of Germany from 1919 to 1933 The Reichspräsident was the German Head of state during the period of the 1919-1934 Weimar Republic and the title was later briefly revived For Schmitt, a strong dictatorship could embody the will of the people more effectively than any legislative body, as it can be decisive, whereas parliaments inevitably involve discussion and compromise:

“If the constitution of a state is democratic, then every exceptional negation of democratic principles, every exercise of state power independent of the approval of the majority, can be called dictatorship. ”

For Schmitt, every government capable of decisive action must include a dictatorial element within its constitution. Although the German concept of Ausnahmezustand is best translated as state of emergency, it literally means state of exception which,according to Schmitt, frees the executive from any legal restraints to its power that would normally apply. A state of emergency is a governmental declaration that may suspend certain normal functions of government alert citizens to alter their normal behaviors or order government agencies The use of the term "exceptional" has to be underlined here: Schmitt defines sovereignty as the power to decide the instauration (establishment) of state of exception, as Giorgio Agamben has noted. Sovereignty is the exclusive Right to control a Government, a country, a people or oneself A state of emergency is a governmental declaration that may suspend certain normal functions of government alert citizens to alter their normal behaviors or order government agencies Giorgio Agamben (born 1942 in Rome) is an Italian philosopher who teaches at the Università IUAV di Venezia. According to Agamben[1], Schmitt's conceptualization of the "state of exception" as belonging to the core-concept of sovereignty was a response to Walter Benjamin's concept of a "pure" or "revolutionary" violence, which didn't enter into any relationship whatsoever with right. Walter Bendix Schönflies Benjamin ( July 15, 1892 &ndash September 27, 1940) was a German - Jewish Marxist Through the state of exception, Carl Schmitt included all types of violence under right, linking right & life (zoe) together, and thus transforming the juridical system into a "death machine", creating an Homo sacer. Homo sacer (Latin for "the sacred man" is an obscure figure of Roman law: a Person who is banned, may be killed by anybody but may

Schmitt opposed what he called "chief constable dictature", or the declaration of a state of emergency in order to save the legal order (a temporary suspension of law, defined itself by moral or legal right): the state of emergency is limited (even if a posteriori, by law), to "sovereign dictature", in which law was suspended, as in the classical state of exception, not to "save the Constitution", but rather to create another Constitution. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity This is how he theorized Hitler's continual suspension of the legal constitutional order during the Third Reich (The Weimar Republic's Constitution was never abrogated, underlined Giorgio Agamben rather, it was "suspended" for four years first at February 28, 1933 Reichstag Fire Decree and the suspension was renewed every four years similar to a - continual - state of emergency). Hi and welcome to Wikipedia! Please understand that this article is frequently vandalized and vandalism is reverted immediately Nazi Germany and the Third Reich are the common English names for Germany under the regime of Adolf Hitler and the National Socialist German Workers The term Weimar Republic ( ˈvaɪmarɐ repuˈbliːk is used by historians to signify the democratic and Republican period of Germany from 1919 to 1933 The Reichstag Fire Decree (Reichstagsbrandverordnung is the common name of the Order of the Reich President for the Protection of People and State issued by German president

The direction all this leads, and the reason why Schmitt has been taken so seriously by political theory, is to the theorisation of the crisis and state of emergency as not exceptional moments in political life opposed to some stable normalcy, but themselves the predominant form of the life of modern nations. [according to generation online. org]

Political Theology

This was followed by another essay in 1922, titled "Politische Theologie" ("Political Theology"); in it, Schmitt, who at the time was working as a professor at the University of Bonn, gave further substance to his authoritarian theories, effectively denying free will based on a catholic world view. Theology is the study of a god or the gods from a religious perspective The University of Bonn ( German: Rheinische Friedrich-Wilhelms-Universität Bonn) is a public research university located in Bonn, Germany The question of free will Catholic is an Adjective derived from the Greek adjective '' / 'katholikos' meaning "whole" or "complete". The book begins with Schmitt's famous, or notorious, definition: "Sovereign is he who decides on the exception. " By "exception," Schmitt means the appropriate moment for stepping outside the rule of law in the public interest. The rule of law, in its most basic form is the principle that no one is above the law (See discussion of "On Dictatorship," above. ) Schmitt opposes this definition to those offered by contemporary theorists of sovereignty, particularly Hans Kelsen, whose work is criticized at several points in the essay. Hans Kelsen ( October 11, 1881 – April 19, 1973) was an Austrian American Jurist.

The book's title derives from Schmitt's assertion (in chapter 3) that "all significant concepts of the modern theory of the state are secularized theological concepts" —in other words, that political theory addresses the state (and sovereignty) in much the same manner as theology does God. Political philosophy is the study of questions about the City, Government, Politics, Liberty, Justice, Property, Rights Theology is the study of a god or the gods from a religious perspective

A year later, Schmitt supported the emergence of totalitarian power structures in his paper "Die geistesgeschichtliche Lage des heutigen Parlamentarismus" (roughly: "The Intellectual-Historical Situation of Today's Parliamentarianism", translated as The Crisis of Parliamentary Democracy by Ellen Kennedy). Totalitarianism (or totalitarian rule) is a concept used to describe Political systems where a State regulates nearly every aspect of public and private A parliamentary system, also known as parliamentarianism (and parliamentarism in American English) is a System of government in which Schmitt criticized the institutional practices of liberal politics, arguing that they are justified by a faith in rational discussion and openness that is at odds with actual parliamentary party politics, in which outcomes are hammered out in smoke-filled rooms by party leaders. A political party is a Political organization that seeks to attain and maintain political power within Government, usually by participating in electoral Schmitt also posits an essential division between the liberal doctrine of separation of powers and what he holds to be the nature of democracy itself, the identity of the rulers and the ruled. Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system Although many critics of Schmitt today take exception to his fundamentally authoritarian outlook, the idea of incompatibility between liberalism and democracy is one reason for the continued interest in his political philosophy. Authoritarianism describes a Form of government characterized by an emphasis on the Authority of the State in a republic or union Political philosophy is the study of questions about the City, Government, Politics, Liberty, Justice, Property, Rights

The Concept of the Political

Schmitt changed universities in 1926, when he became professor for law at the Handelshochschule in Berlin, and again in 1932, when he accepted a position in Cologne. Berlin is the capital city and one of sixteen states of Germany. The University of Cologne ( German Universität zu Köln) is one of the oldest universities in Europe and with over 44000 students one It was in Cologne, too, that he wrote his most famous paper, "Der Begriff des Politischen" ("The Concept of the Political"), in which he developed his theory of "the political". The Concept of the Political is a work by the German philosopher and jurist Carl Schmitt. Distinct from party politics, "the political" is the essence of the political. While churches are predominant in religion or society is predominant in economics, the state is predominant in politics. Yet for Schmitt the political was not an autonomous domain equivalent to the other domains, but rather the existential basis that would determine any other domain should it reach the point of politics (e. g. religion ceased to be merely theological when Protestants and Catholics killed one another, becoming instead political). The political is not equal to any other domain, such as the economic, but instead is the most essential to identity. Schmitt, in perhaps his best-known formulation, bases his conceptual realm of state sovereignty and autonomy upon the distinction between friend and enemy. This distinction is to be determined "existentially," which is to say that the enemy is whoever is "in a specially intense way, existentially something different and alien, so that in the extreme case conflicts with him are possible. " (Schmitt, 1996, p. 27) Such an enemy need not even be based on nationality: so long as the conflict is potentially intense enough to become a violent one between political entities, the actual substance of enmity may be anything. Although there have been divergent interpretations concerning this work, there is broad agreement that "The Concept of the Political" is an attempt to achieve state unity by defining the content of politics as opposition to the "other" (that is to say, an enemy, a stranger. This applies to any person or entity that represents a serious threat or conflict to one's own interests. ) In addition, the prominence of the state stands as a neutral force over potentially fractious civil society, whose various antagonisms must not be allowed to reach the level of the political, lest civil war result.

The case "Preussen contra Reich"

Apart from his academic functions, in 1932 Schmitt was counsel for the Reich government in the case "Preussen contra Reich" wherein the SPD-led government of the state of Prussia disputed its dismissal by the right-wing von Papen government. Prussia ( Latin: Borussia, Prutenia; Prūsija Prūsija Prusy Old Prussian: Prūsa) was most recently a historic state (29 October 1879 2 May 1969 was a German nobleman Catholic monarchist Politician, General Staff officer and Diplomat Papen was motivated to make this move because Prussia, by far the largest state in Germany, served as a powerful base upon which the political left could draw, and also provided them with institutional power, particularly in the form of the Prussian Police. Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. One of the counsel for the Prussian government was Hermann Heller. Hermann Heller ( 17 July 1891 &ndash 5 November 1933) was a German legal Scholar and Philosopher active In German history, this struggle leading to the de facto destruction of federalism in the Weimar republic is known as the "Preußenschlag. "

Influence

Through Giorgio Agamben, Chantal Mouffe and other writers, Carl Schmitt has become a common reference in recent writings of the intellectual left as well as the right. Giorgio Agamben (born 1942 in Rome) is an Italian philosopher who teaches at the Università IUAV di Venezia. Chantal Mouffe (born 1943 in Charleroi, Belgium) is a Belgian Political theorist. This debate concerns not only the interpretation of Schmitt’s own positions, but also matters relevant to contemporary politics: the idea that laws of the state cannot strictly limit actions of its sovereign; the problem of a "state of exception", etc. Sovereignty is the exclusive Right to control a Government, a country, a people or oneself For the 2005 book see State of Exception (2005. A state of exception is a concept in the legal theory of Carl Schmitt, similar

Schmitt’s influence has also recently been seen as consequential for those interested in contemporary political theology, which is much influenced by Schmitt's argument that political concepts are secularized theological concepts. Political theology is a branch of both Political philosophy and Theology that investigates the ways in which theological concepts or ways of thinking underlie The German-Jewish philosopher Jacob Taubes, for example, engaged Schmitt widely in his study of Saint Paul, The Political Theology of Paul (Stanford Univ. Jacob Taubes (born 1923 Vienna - d March 21 1987, Berlin) was a Sociologist of Religion, Philosopher, and Paul the apostle (שאול התרסי Šaʾul HaTarsi, meaning " Saul of Tarsus " Σαούλ Saul and Σαῦλος Saulos and Press, 2004). Taubes' understanding of political theology is, however, very different from Schmitt's, and emphasizes the political aspect of theological claims, rather than the religious derivation of political claims.

Neoconservatism

Further information: Neoconservatism

Neoconservatism, based on Leo Strauss's teachings,[2] was influenced by Schmitt. Neoconservatism (or Neocon is a Right-wing political philosophy that emerged in the United States from the rejection of the Social liberalism, Moral relativism Leo Strauss (September 20 1899 &ndash October 18 1973 was a German -born Jewish-American political philosopher who specialized in the study of classical [3] Most notably the legal opinions offered by John Yoo et al. John Choon Yoo (born 1967 in Seoul) is an American Professor of Law at the Boalt Hall School of Law, University of justifying controversial policies -such as introducing unlawful combatant status which purportedly would eliminate protection by the Geneva Conventions,[4] enhanced interrogation techniques, NSA electronic surveillance program, unitary executive theory- in the war on terror mimic his writings. An unlawful combatant or unprivileged combatant/belligerent is a Civilian who directly engages in armed conflict under the International Humanitarian Law The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian Enhanced interrogation techniques, rough interrogation, the Central Intelligence Agency’s interrogation methods, and alternative set of procedures are An electronic surveillance program was implemented by the National Security Agency (NSA of the United States in the wake of the September 11 2001 attacks as part In American political and legal discourse the unitary executive theory is a theory or doctrine of Constitutional interpretation that holds it The War on Terrorism (also known as the War on Terror) is the common term for the military political and legal, and ideological conflict and specifically for U [3]

Bibliography

English translations of Carl Schmitt

Note: a complete bibliography of all English translations of Schmitt's books, articles, essays, and correspondence is available here.

Works in German

Secondary literature

External links

References

  1. ^ State of Exception (2005), pp. 52-55.
  2. ^ No More Heroes by Edward Skidelsky, Prospect Magazine, March 2006
  3. ^ a b Legal justification
  4. ^ War crimes warning
Persondata
NAMESchmitt, Carl
ALTERNATIVE NAMES
SHORT DESCRIPTIONGerman jurist, political theorist, and professor of law
DATE OF BIRTHJuly 11, 1888
PLACE OF BIRTHPlettenberg, Westphalia
DATE OF DEATHApril 7, 1985
PLACE OF DEATH

Le Monde diplomatique (nicknamed "Le Diplo" by its French readers is a monthly publication offering analysis and opinion on politics culture and current affairs Der Spiegel (pronounced /deːɐ ˈʃpiːɡəl/ German for "The Mirror" is a German weekly Magazine, published in Hamburg Newsweek is an American weekly Newsmagazine published in New York City. Events 1535 - French explorer Jacques Cartier sets sail on his second voyage to North America with three ships 110 men and "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " Events 1098 - Fighters of the First Crusade defeat Kerbogha of Mosul. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Global Policy Forum, or GPF, is an organization seeking to promote accountability of International organizations such as the United Nations and strengthen Events 1077 - Walk to Canossa: The Excommunication of Henry IV Holy Roman Emperor is lifted Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. This is a list of political philosophers, including some who may be better known for their work in other areas of philosophy Events 911 - Signing of the Treaty of Saint-Clair-sur-Epte between Charles the Simple and Rollo of Normandy. Year 1888 ( MDCCCLXXXVIII) was a Leap year starting on Sunday (click on link for calendar of the Gregorian calendar (or a Plettenberg is a town in the Märkischer Kreis, in North Rhine-Westphalia, Germany. Westphalia (Westfalen) is a region in Germany, centred on the cities of Bielefeld, Bochum, Dortmund, Gelsenkirchen, Münster Events 529 - First draft of Corpus Juris Civilis (a fundamental work in Jurisprudence) is issued by Eastern Roman Emperor Year 1985 ( MCMLXXXV) was a Common year starting on Tuesday (link displays 1985 Gregorian calendar)
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