The fundamental importance of theology in the work of Carl Schmitt has been the subject of much recent literature on this controversial figure. However, there has been little consensus on the precise nature of Schmitt's own political theologydecisionisminstitutional thinking,” in order to reveal the theological basis for his understanding of the new regime. I will then argue that Schmitt's institutional approach had in fact always been central to his earlier, better-known writings on law and the state. Schmitt's concept of the (...) institution, which had roots in French legal theory, grounded a political theology that was in the end less a metaphysical approach to the state than one that drew on the concrete example of the legal institutional order of the Catholic Church. (shrink)

This article problematizes the recent comeback of the exceptionalist jargon as it is conjured by both critics and sympathizers. While in the last decades governments across the globe had recourse to emergency measures to cope with far-reaching emergencies, from terrorism to the COVID-19 pandemic, the received view has it that political power takes advantage of states of emergency as they put themselves in the position to circumvent constitutional limitations. Carl Schmitt is claimed to be the major advocate of this conception (...) of emergency politics in that he elaborated on the concept of the state of exception as the heart of the state political power. This article contends that the received view is doubly wrong. First, soon after his espousal of exceptionalism, Schmitt realized that emergency legislation is an ineffective and costly governmental device that should be transitory and is as unstable as the crisis it is meant to overcome. Second, the received view neglects how Schmitt came to his model of ultraconservative substantive constitutionalism as he maintained that the main task of politics is to protect the normative life of a limited set of state-sponsored institutions as well as the substantive contents they produce. (shrink)

ABSTRACTThis article offers an unconventional interpretation of Carl Schmitt’s conception of the political. It first identifies two alternative readings – an ‘exceptionalist’ and a ‘concretist’ one – to make the claim that in the late 1920s he laid the foundations for a theory of politics that overcame the flaws of his theory of exception. It then explains why the concretist reading provides an insightful key to Schmitt’s take on the relationship between politics and law as a whole. Despite this, the (...) chief aim of this analysis is not interpretive. Rather, the article claims that such a paradigm change was related to Schmitt’s pondering on the elements that were menacing to draw the experience of modern statehood to an end even more seriously than any upheavals and revolutions. For he came to the conclusion that the mere claim to political self-sufficiency on the part on non-state social entities was able to defy the idea of the state as the political entity par excellence. While these reflections urged Schmitt to reformulate many features of his conception of the political, the article contends that this particular juncture in his production sheds light on a crucial feature of contemporary politics. (shrink)

Many commentators are unconvinced by Carl Schmitt's interpretation of Hobbes's political theory which, to their minds, remakes Hobbes in Schmitt's own authoritarian image. The argument advanced in this essay comprises three claims about Hobbes and Schmitt and the ways in which they are construed. The first claim is that certain commentators are bewitched by a picture of authority which biases their own claims about Hobbes, perhaps in ways that they may not fully appreciate. The second claim relates to Hobbes's individualism. (...) On Schmitt's account, it was this individualism that opened the barely visible crack in the theoretical justification of the state through which it was worm-eaten by liberalism. This essay argues that Hobbes's individualism is not what Schmitt or his critics take it to be. The individualism that figures in Hobbes's discussions of covenant and conscience, pace Schmitt, is an illusion, albeit one that lies at the very heart of his conception of the state and animates his understanding of the relationship between protection and obedience that sustains it. The essay concludes with some remarks about the wider implications of the argument it advances. (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)

This chapter offers a longitudinal analysis of Carl Schmitt’s institutional theory. It draws a detailed road map for the period under investigation, examining critical junctures and theoretical turns along the way. Two principal arguments are advanced. First, the chapter departs from conventional analyses according to which Schmitt only embarked on an “institutional turn” in the early 1930s. Instead of conceiving of Schmitt’s institutionalism as an intellectual stage of his thought, the chapter posits that it constituted—as his predominant theoretical approach—its essence. (...) Second, the chapter argues and demonstrates that Schmitt’s institutional theory underwent a gradual transformation, from pragmatist institutionalism to extremist institutionalism. Taking a leaf from the late Hans Mommsen, the chapter argues that the development of Schmitt’s institutional theory was subject to a cumulative radicalization. (shrink)

The present article discusses the relationship between might ( potentia ) and power ( potestas ) as it has unfolded throughout the modern age, from Thomas Hobbes to Carl Schmitt. Hobbes indicates the way forward for a progressive linguistic and conceptual coincidence of potentia and potestas : the goal of Hobbesian political philosophy (the search for peace and security) necessitates the reduction of potentia to potestas through the elimination of the content of actus . Schmitt accepts this reduction, by assigning (...) priority to potestas : the image of modern technology as a privileged dimension of potentia—potestas comes together as the modern state. Instead of taking the route of potentia understood as an opening-up to new possibilities and as human self-affirmation, the language of potentia—potestas has triggered a process, which is that of a naturalization of power relations, that is based on and justified by the social inequality arising from the differing extent of ownership of the instruments of technological production. (shrink)