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Weimar: A Jurisprudence of Crisis

University of California Press (2000)

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  1. Changes of status in states of political uncertainty: Towards a theory of derecognition.Dina Gusejnova - 2019 - European Journal of Social Theory 22 (2):272-292.
    This article critically examines existing versions of recognition theory in the light of several empirical case studies of twentieth-century political ruptures after the First World War. It notes that the prevalent theoretical focus on the enfranchisement of previously subaltern groups cannot account for the empirical significance of negative processes, such as the disenfranchisement of former elites and the decline of previously hegemonic values, which are typical for conditions of political uncertainty. To conceptualize such examples, an expansion of the existing vocabulary (...)
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  • Constraining political extremism and legal revolution.Benjamin A. Schupmann - 2020 - Philosophy and Social Criticism 46 (3):249-273.
    Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyses political responses to this problem. It argues that the twin phenomena of legal revolution and illiberal democracy reveal a (...)
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  • Constraining political extremism and legal revolution.Benjamin A. Schupmann - 2020 - Philosophy and Social Criticism 46 (3):249-273.
    Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyses political responses to this problem. It argues that the twin phenomena of legal revolution and illiberal democracy reveal a (...)
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  • On guilt and post-truth escapism: Developing a theory.Ignas Kalpokas - 2018 - Philosophy and Social Criticism 44 (10):1127-1147.
    This article provides a framework for understanding post-truth politics by employing the ideas of Nietzsche and Schmitt. It posits pre-moral and pre-economic guilt and debt, relating human non-self-sufficiency, at the heart of social and political existence and alleges that guilt and debt are the hey bonds that hold human groupings together. Following Schmitt, romantic attitudes to politics are seen as negating this underlying reality, opting instead for escapist fantasy of self-mastery and unlimited creative potential. The author claims that these promises (...)
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  • Schmitt's Critique of Kelsenian Normativism.Sylvie Delacroix - 2005 - Ratio Juris 18 (1):30-45.
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