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The Constitution of Freedom

In Arthur Jacobson & Bernhard Schlink (eds.), Weimar: A Jurisprudence of Crisis. University of California Press (2000)

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  1. Schmitt's Critique of Kelsenian Normativism.Sylvie Delacroix - 2005 - Ratio Juris 18 (1):30-45.
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  • The political theology of entropy: A Katechon for the cybernetic age.David Bates - 2020 - History of the Human Sciences 33 (1):109-127.
    The digital revolution invites a reconsideration of the very essence of politics. How can we think about decision, control, and will at a time when technologies of automation are transforming every dimension of human life, from military combat to mental attention, from financial systems to the intimate lives of individuals? This article looks back to a moment in the 20th century when the concept of the political as an independent logic was developed, in a time when the boundaries and operations (...)
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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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  • Rehabilitating political parties: an examination of the writings of Hans Kelsen.Sandrine Baume - 2018 - Intellectual History Review 28 (3):425-449.
    This paper focuses on Hans Kelsen’s reflections on political parties. During the interwar period, Kelsen participated in a controversy over whether political parties were a necessary part of the democratic process. The debate forced Kelsen to produce a defence of political parties to emphasise their functionality and define their place in his particular definition of democracy. This contribution considers the following aspects. First, the reasons why Kelsen thought political parties are necessary for democratic life are explained. Second, the doctrinal oppositions (...)
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