Law as Politics

Carl Schmitt’s Critique of Liberalism

David Dyzenhaus, D. Dyzenhaus, Ronald Beiner

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German

Duke University Press
21 December 1998

Politics & government; Political science & theory; Liberalism & centre democratic ideologies; Jurisprudence & philosophy of law

"While antiliberal legal theorist Carl Schmitt has long been considered by Europeans to be one of this century's most significant political philosophers, recent challenges to the fundamental values of liberal democracies have made Schmitt's writings an unavoidable subject of debate in North America as well. In an effort to advance our understanding not only of Schmitt but of current problems of liberal democracy, David Dyzenhaus presents translations of classic German essays on Schmitt alongside more recent writings by distinguished political theorists and jurists. Neither a defence of nor an attack on Schmitt, this book offers the first balanced response to his powerful critique of liberalism. One of the major players in the 1920s debates, an outspoken critic of the Versailles Treaty and the Weimar Constitution, and a member of the Nazi party who provided juridical respectability to Hitler's policies, Schmitt contended that people are a polity only to the extend that they share common enemies. He saw the liberal notion of a peaceful world of universal citizens as a sheer impossibility and attributed the problems of weimar to liberalism and its inability to cope with pluralism and political conflict. In the decade since his death, Schmitt's writings have been taken up by both the right and the left and scholars differ greatly in their evaluation of Schmitt's ideas. This book thematically organises in one volume the varying engagements and confrontations with Schmitt's work and allows scholars to acknowledge - and therefore be in a better position to negotiate - an important paradox inscribed in the very nature of liberal democracy. ""Law as Politics"" will interest political philosophers, legal theorists, historians, and anyone interested in Schmitt's relevance to current discussions of liberalism."

By: D. Dyzenhaus
Foreword by: Ronald Beiner
Edited by: David Dyzenhaus
Imprint: Duke University Press
Country of Publication: United States
Dimensions: Height: 230mm, Width: 154mm, Spine: 27mm
Weight: 517g
ISBN: 9780822322443
ISBN 10: 0822322447
Pages: 336
Publication Date: 21 December 1998
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Foreword / Ronald Beiner Acknowledgments Introduction: Why Carl Schmitt? / David Dyzenhaus PART I: POLITICAL THEORY AND LAW Carl Schmitt’s Critique of Liberalism: Systematic Reconstruction and Countercriticism / Heiner Bielefeldt The Concept of the Political: A Key to Understanding Carl Schmitt’s Constitutional Theory / Ernst-Wolfgang Bockenforde From Legitimacy to Dictatorship — and Back Again: Leo Strauss’s Critique of the Anti-Liberalism of Carl Schmitt / Ellen Kennedy Pluralism and the Crisis of Parliamentary Democracy / Dominique Leydet Liberalism as a “Metaphysical System”: The Methodological Structure of Carl Schmitt’s Critique of Political Rationalism / Reinhard Mehring Carl Schmitt and the Paradox of Liberal Democracy / Chantal Mouffe PART II: LEGAL THEORY AND POLITICS Carl Schmitt on Sovereignty and Constituent Power / Renato Cristi The 1933 “Break” in Carl Schmitt’s Theory / Ingeborg Maus The Dilemmas of Dictatorship: Carl Schmitt and Constitutional Emergency Powers / John P. McCormick Revolutions and Constitutions: Hannah Arendt’s Challenge to Carl Schmitt / William E. Scheuerman Carl Schmitt’s Internal Critique of Liberal Constitutionalsim: Verfassungslehre as a Response to the Weimar State Crisis / Jeffrey Seitzer Notes on Contributors Index

David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto and author of Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar.

Reviews for Law as Politics: Carl Schmitt’s Critique of Liberalism

Dyzenhaus's introduction provides an excellent identification of central questions in contemporary legal and political theory. . . . These contributions show how much progress has been made in this field; they recognize Schmitt's importance as well as the need to confront his ideas, while avoiding distortions of his thinking. <br>--Central European History