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The Legal World Revolution

Télos 1987 (72):73-89 (1987)

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  1. (1 other version)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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  • Carl Schmitt e Walter Benjamin.Saul Kirschbaum - 2002 - Cadernos de Filosofia Alemã 8:61-84.
    There is a particular ressonance between the thinking of Walter Benjamin and that of the German jurist Carl Schmitt, including the fact that both analyse the 16th and 17th centuries in order to understand the 20th. Regarding this fact, the article attempts to clarify some themes that lead Schmitt’s work, i.e that of State of Exception, that of theologization of politics, the critique of parliamentarism as support of the Modern State, the tension between democracy and dictatorship, to explain how the (...)
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  • (1 other version)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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  • Singularity and Repetition in Carl Schmitt’s Vision of History.Matthias Lievens - 2011 - Journal of the Philosophy of History 5 (1):105-129.
    Despite the problematic political positions he adopted during his life span, the work of Carl Schmitt contains a fascinating argument in favour of `the political', which is understood as a plural symbolic space composed of friends and enemies who reciprocally recognise each other. Schmitt's struggle for the political is a struggle for a public spirit which accounts for this plurality. One of the terrains on which Schmitt wages this struggle is that of historical meaning. The image of history is crucial (...)
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  • Carl Schmitt's postcolonial imagination.Andreas Kalyvas - 2018 - Constellations 25 (1):35-53.
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  • ‘Human and nothing but human’: How Schmittian is Hannah Arendt's critique of human rights and international law?Liisi Keedus - 2011 - History of European Ideas 37 (2):190-196.
    Recently legal theorists have pointed out that whereas members of their profession often assume that post-war scholarship had broken with the past completely, political theorists have paid far more attention to questions of influences and continuities in their discipline. This also holds regarding the legacy of Carl Schmitt whose case both as a jurist and political writer is particularly pressing not only for intellectual historians, but also for discussants across a broad range of fields in law and political science. It (...)
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  • From globality to partiality.Daniele Monticelli - 2005 - Sign Systems Studies 33 (2):317-341.
    This paper examines the discourse of war from a semiotic point of view and suggests some ideas for the development of practices of resistance to it. The discourse of war can be considered symptomatic in respect to underlying discourses of totality such as globalisation. By aiming at explanatory simplification, this kind of discourse takes the paradoxical form of an exhaustive paradigm which always engenders a residuum to be eliminated. Semiotics can develop practices of resistance to the discourse of war by (...)
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  • Ideology critique and the political: Towards a Schmittian perspective on ideology.Matthias Lievens - 2012 - Contemporary Political Theory 11 (4):381-396.
    The notion of ideology and its critique have taken a remarkable about-turn in recent decades. While in classical Marxism, ideology used to be understood in terms of a distorted representation of real social divisions, recent authors such as Claude Lefort and Ernesto Laclau have argued that there is no standpoint outside language or representation, and they consider those representations as ideological that remain blind to their own political effects. However, a dimension that was crucial in the classical Marxist tradition has (...)
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  • Reconciling positivism and realism: Kelsen and Habermas on democracy and human rights.David Ingram - 2014 - Philosophy and Social Criticism 40 (3):237-267.
    It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that (...)
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  • Carl Schmitt, Justice of War, and Individual Citizen's Obligation.Qi Zheng - 2019 - Telos: Critical Theory of the Contemporary 2019 (187):69-83.
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