Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of (...) law and states of emergency (or “exception”) that present themselves as relentlessly secular, even—in the case of Kelsenian jurisprudence—”scientific”. This article illustrates and then critically evaluates Schmitt’s theory in terms of the authorship of constitutional texts in particular. It includes two case studies—genocidal colonial land appropriation and Kelsenian positivism in order to illustrate aspects of his political theology. Whilst Schmitt is defended against reductionist interpretations, I show that there remains considerable unfinished business before a Schmittian approach to legal theory merits full acceptance. (shrink)

This is an attempt to clarify the relation between Schmitt and Hobbes by examining Hobbes's thinking about enemies and enmity. On the one hand, Hobbes shares a strong war/crime distinction with Schmitt. On the other hand, Hobbes never suggests that lethal enmity gives a ?meaningful? tension to human life. Hobbes also describes the way feverish human minds may imagine enemies where none exist. This is another non?Schmittian theme. Although Schmitt was a profoundly anti?Hobbesian thinker for these and other reasons, an (...) examination of Hobbes with the Schmittian question (?who is the enemy??) in mind, proves exceptionally fruitful, opening up aspects of Hobbes's political theory that have hitherto lingered in obscurity. (shrink)

The article addresses the ‘messianic turn’ in contemporary continental philosophy, focusing on the concept of the katechon as the restraining force that delays the advent of the Antichrist in the Second Letter to the Thessalonians. While Carl Schmitt held the passage on the katechon to ground the Christian doctrine of state power, Giorgio Agamben’s reading of Pauline messianism rather posits the ‘removal’ of the katechon as the pathway for messianic redemption. In our argument, the significance of this text goes beyond (...) the persistence of a vestige of the theological in modern politics. On the contrary, the logic of the katechon only comes into its own under modern nihilism as the resolution of the problem of social order in the absence of the eschatological dimension. The article focuses on the lethal paradox of the logic of the katechon, whereby the function of protection and restraint is converted into violence and anomie, and global political order becomes indistinguishable from global civil war. We conclude by outlining the conditions for suspending the katechonic function in a critical engagement with Agamben’s messianic politics. (shrink)

In this article I develop a theory of political ontology, working to differentiate it from traditional political philosophy and Schmittian political theology. As with political theology, political ontology has its primary grounding not in disinterested contemplation from the standpoint of pure reason, but rather in a confrontation with an existential problem. Yet while for Schmitt this is the problem of how to live and think in obedience to God, the problem for political ontology is the question of being. Thus the (...) political ontologist agrees with the political theologian that the political cannot be thought without an awareness of an irreducible exigency – the fact that one thinks as situated in response to a certain moral or ethical demand – but it takes this demand to consist not in divine revelation, but rather in the fact that the human being is a being for which being is at issue. With this definition in mind I go on to read Giorgio Agamben in resolutely ontological terms, arguing that his concepts of bare life and the exception are largely unintelligible if understood ontically. Instead, these concepts are part of a critique that has as its primary target not the ontic political systems and material institutions of modern states but rather the (negative) metaphysical ground of those systems. Political ontology insists on the intertwining of ontology and politics, claiming that theirs is a relation of mutual determination. (shrink)

The aim of this essay is to consider both Schmitt’s polemical and his analytical claims in dealing with a concept which is central to his theory and yet strangely overlooked by the secondary literature: the concept of friendship. The essay proceeds in three steps; first it makes some textual claims about the meaning and role of friendship in Schmitt’s writings; secondly its puts forward an interpretation of the significance of friendship in Schmitt’s political thought; finally, it tries to disentangle polemics (...) from diagnostics in Schmitt’s discourse and draws some tentative conclusions. (shrink)

Aunque el debate jurídico entre Hans Kelsen y Carl Schmitt ha sido extensamente discutido y analizado, rara vez se lo sitúa en el marco de la disputa entre el mundo político antiguo y el moderno. La pérdida de este punto central de referencia impide focalizar la raíz filosófica de fondo en la polémica entre ambos autores, a saber, una batalla entre dos modelos alternativos de racionalidad política y moral. Uno es el antiguo (reivindicado por Schmitt) y otro el moderno (defendido (...) por Kelsen). Sostengo que no situar dicho debate en semejante contexto nos priva de comprender las implicaciones jurídicas que se desprenden del conflicto entre los supuestos teóricos normativos que hacen surgir a la Modernidad y el horizonte teleológico que da lugar a la Antigüedad. While the legal debate between Hans Kelsen and Carl Schmitt has been widely discussed and analyzed, it is rarely located within the coordinates of the political dispute between the ancient and modern world. The loss of this central point of reference prevents focusing on the deeply philosophical root wich is in the midst of the controversy between the two authors, namely, a battle between two alternative models of political rationality and morality. One is the ancient (claimed by Schmitt) and the other is the modern (defended by Kelsen). i argue that not placing this debate in such context deprives us from understanding the legal implications arising from the conflict between the normative theoretical assumptions that give rise to Modernity and the teleological horizon which gives rise to the ancient world. (shrink)

The subject is the bearer of the sovereign decision, according to C. Schmitt. This decision grounds on certain situational pragmatics, yet mainly is born out of a ‘null’; as the decision forms the political normalcy that follows after, it displays its nature as an ‘event’. This subject is simultaneously a legal and a political one; it is the founder of the Nomos. This founding subject has been eclipsed in alignment with its post-modernly acclaimed ‘death’. The subject is deemed to have (...) been inherently divided, as long as its identity steadily postpones itself, is incessantly ‘differing’, according to the deconstructionist approach; or it is considered as fundamentally ‘passive’, meaning not so much ‘weak’, but rather dethroning the Western preoccupation with the active autonomous individual; or, it is maintained but intrinsically reversed, now held either as part of a fundamental ontological order and indirectly of the nature, or, opposite to Kantian assumptions, as primarily captured in a radical heteronomy, which constitutes it as a proper ethical subject. Crucial is how to develop a concept taking into account the eventfulness of the constitution of the subject, without effacing the political character of such constitution by reducing it to non-political discourses, i.e., to metaphysics, morals or economics; how to conceive of Derrida’s ‘democracy to-come’ as political event, namely both as secular act and in the same time as referring to extramundane fundaments ; how to go beyond the linearity of the liberalist ideology by equating the political event with a messianic miracle ‘without messianism’; how to ‘salute’ democracy? (shrink)

The analogies between religious and secular juridical arguments interest political theorists because they suggest a hidden link between religion and politics. However, merely describing analogies does not show that the link is significant. Why are there such analogies? The question matters because answering is a prerequisite for determining whether there can be a neutral political background to religion. This paper argues that there are such analogies because arguments in theology and arguments in the juridical theory of the state share a (...) common structure. This structure is such that the meaning of some concepts in the theory of the state, like political order and sovereignty, cannot be fully understood without reference to theological concepts. This thesis – political theology – has become associated with Carl Schmitt, but the argument in this paper differs importantly from his. Unlike Schmitt, this paper claims that in the contemporary state political theology can be superseded. (shrink)

Carl Schmitt privately acknowledged that his late theory of Erd-Herrschaft converged with some of Nietzsche’s thought, yet remained silent on this in his book The Nomos of t...

Straipsnio tikslas – Carlo Schmitto politinės teologijos statuso analizė. Siekiama įrodyti, kad Schmitto pristatyta koncepcija negali būti suprasta kaip teisės sąvokų sociologija, kaip ją kai kuriuose darbuose apibūdino pats autorius. Ji taip pat negali būti aiškinama kaip teologijos dalis, kaip tai daro daugelis dabartinių interpretuotojų. Schmittas „politinės teologijos“ vardu pavadino politikos teorijai priskirtiną projektą, pagrįstą teologinių prielaidų įvedimu į filosofiją. Tai primena XIX a. katalikų reakcio­nierių Josepho de Maistre’o, Louiso de Bonaldo ir Juano Donoso Corteso politinę filosofiją.

Este artículo teoriza la transición del régimen global geopolítico (es decir, la política de la tierra) a régimen piropolítico, o la política del fuego. En base a filosofía política de Carl Schmitt, la tesis es que la certidumbre, estabilidad y orden arraigados en la tierra están desplazados por la anomia del fuego, como un símbolo y dominio concreto de lo político hoy.

It is a commonly held belief that the law is unable to keep up with the fierce technological development and innovation that denote our times. The current essay attempts to show that this characteristic of the law should not necessarily be considered a disadvantage. Using the Biblical concept of the katechon, we argue that the law fulfills a katechontic function vis-a-vis technological progress. That is to say, its retarding effect might create positive spillovers that open spaces for debate, discussion, contestation, (...) resistance, and reconstruction. (shrink)