The Concept of the Political: A Key to Understanding Carl Schmitt's Constitutional Theory

1997 ◽  
Vol 10 (1) ◽  
pp. 5-19 ◽  
Author(s):  
Ernst-Wolfgang Böckenförde
Keyword(s):  
The State ◽  
Carl Schmitt ◽  
The Political ◽  
Constitutional Theory ◽  
Personal Memory ◽  
Political Aspect ◽  
Legal Fiction ◽  
Political Unity ◽  
Legal Perspective ◽  
Law Student

The focus of this paper is not on the person, but on the work of Carl Schmitt, in particular the significance of Schmitt's concept of the political for an understanding of his legal and constitutional theory. Let me start with a short personal memory. When I was a third year law student, I read Carl Schmitt's Constitutional Theory. I came across the formulations that the state is the political unity of a people and that the rule of law component in a constitution is an unpolitical component. I was puzzled by these two remarks. I had learned from Georg Jellinek that the state, from a sociological perspective, is a purposeful corporative unit and, from a legal perspective, represents a territorially based corporation. I had also gathered some knowledge about “organic” state theories, especially that of Otto von Gierke who considers the state an organism and a real corporative personality rather than a mere legal fiction. On the basis of these theories, I felt unable to understand Schmitt's point that the state is the political unity of a people, because in those theories the political aspect is largely missing. It was only later that, by reading and studying Carl Schmitt's essay The Concept of the Political, I gradually learned to make sense of the above remarks. Thus I have discovered that that essay, and the understanding of the political elaborated in it, contains the key to understanding Carl Schmitt's constitutional theory in general. I would now like to explain this.

Carl Schmitt on Sovereignty and Constituent Power

1997 ◽  
Vol 10 (1) ◽  
pp. 189-201 ◽  
Author(s):  
Renato Cristi
Keyword(s):  
Weimar Republic ◽  
The State ◽  
Carl Schmitt ◽  
The Political ◽  
Constituent Power ◽  
Concrete Situation ◽  
Political Unity

Schmitt's Verfassungslehre stands as perhaps the most systematic and least circumstantial of his works. While his production is marked, on the whole, by an extraordinary sensitivity toward his own concrete situation, leading at one point to an unbounded and shameless opportunism, this particular work seems to rise above the political fray, reflecting possibly the mood of 1928, which marks the halcyon days of the Weimar republic. Recently, Ernst-Wolfgang Böckenförde has tried to shake off the Verfassungslehre from its composed academic bearing by relating its argument to the polemical friend/enemy theory developed by Schmitt in his Der Begriff des Politischen (1927) and Schmitt's characterization of the state as the political unity of a nation. Beyond this, Böckenförde has connected the Verfassungslehre to the eminently partisan notion of sovereignty put forth by Schmitt in his Politische Theologie (1922), where he flaunts his allegiance to the Catholic counterrevolution.

scholarly journals THE POLITICAL VERSUS THE STATE? THE RELEVANCE OF CARL SCHMITT’S CONCEPT OF THE POLITICAL

2021 ◽  
pp. 268-283
Author(s):  
Tihomir Cipek
Keyword(s):  
The State ◽  
Carl Schmitt ◽  
New Right ◽  
The Political ◽  
Right Wing ◽  
State Institutions ◽  
Illiberal Democracy ◽  
Political Unity ◽  
Democratic State ◽  
Definition Of

Abstract. The aim of the article is to examine the relationship between the state, democracy and the Carl Schimitt’s concept of the political. That is going to be done by reconstructing the concepts of Schmitt’s political theory and finding out whether they can be used to explain the ideology of the new right-wing populism and illiberal democracy. As it turns out, the Schmitt’s reduction of the political to the friend/enemy antagonism makes the core of the illiberal democracies’ ruling narrative. The Schimtt’s understanding of the political doesn’t defend the state as a political space but by cancelling of the liberal elements of democracy ruins the state institutions. The analysis shows that Schmitt’s notion of the political cannot be used to build effective democratic state institutions. Namely, in his definition of the political, politics actually exists only on the outwards, towards some other nation, some other political unity, but not within the state itself. Keywords: state, the political, Carl Schmitt, illiberal democracy

scholarly journals GEOGRAFIA POLÍTICA E O SETOR MINERAL: as proposições legislativas que impactam a gestão dos territórios com mineração no estado do Pará – 2011 a 2016

2018 ◽  
Vol 4 (12) ◽  
pp. 45
Author(s):  
Luana Faria Medeiros
Keyword(s):  
Social Relations ◽  
The State ◽  
The Political ◽  
Conflicts Of Interests ◽  
Political Aspect ◽  
Mineral Sector ◽  
The Social ◽  
Politica Publica ◽  
Toma De Decisiones ◽  
The Government

POLITICAL GEOGRAPHY AND THE MINERAL SECTOR: the legislative propositions that impact the management of the territories with mining in the state of Pará – 2011 to 2016GEOGRAFÍA POLÍTICA Y EL SECTOR MINERO: las proposiciones legislativas que impactan la gestión de los territorios con la minería en el estado de Pará – 2011 a 2016O presente trabalho tem o objetivo de resgatar o campo da política na Geografia, no contexto da atividade mineral no estado do Pará, principalmente diante de vários entendimentos de que os conflitos de interesses nas sociedades e nos territórios se resolvem também pelo viés político; partindo de uma leitura teórica do conceito de território, poder e política, onde essa tríade será determinante para o entendimento das proposições legislativas dos anos de 2011 a 2016 voltadas para a mineração, e da análise da gestão política e territorial no setor mineral paraense e seus impactos na sociedade a partir das políticas públicas. A relevância da pesquisa está no aspecto político que envolve a tomada de decisão que é essencialmente importante nas relações sociais de poder do Governo do Estado do Pará que, materializadas, causam impactos no território com mineração, sobretudo na utilização da taxa mineral, instrumento regulador de ação no território.Palavras-chave: Território; Poder; Política; Mineração.ABSTRACTThe present work aims to redeem the field of politics in geography, in the context of the mineral activity in the state of Pará, mainly faced with various understanding that conflicts of interests in societies and territories also resolve by bias Political; Starting from a theoretical reading of the concept of territory, power and politics, where this triad will be decisive for the understanding of the legislative propositions of the years of 2011 to 2016 focused on mining, and the analysis of the political and territorial management in the mineral sector Pará and Its impacts on society from public Policy. The relevance of the research is in the political aspect which involves the decision making which is essentially important in the social relations of the Government of the state of Pará that, materialized, cause impacts on the territory with mining, especially in the use of the mineral rate, Action-regulating instrument in the territory.Keywords: Territory; Power; Policy; Mining.RESUMEN El presente trabajo pretende redimir el campo de la política en geografía, en el contexto de la actividad minera en el estado de Pará, frente principalmente a diversos entendimientos de que los conflictos de intereses en sociedades y territorios también se resuelven por sesgo Política. A partir de una lectura teórica del concepto de territorio, poder y política, donde esta tríada será decisiva para la comprensión de las proposiciones legislativas de los años de 2011 a 2016 se centró en la minería, y el análisis de la gestión política y territorial en el sector minero de Pará y Sus impactos en la sociedad de la política pública. La relevancia de la investigación está en el aspecto político que implica la toma de decisiones que es esencialmente importante en las relaciones sociales del gobierno del estado de Pará que, materializadas, causan impactos en el territorio con la minería, especialmente en el uso de la tasa mineral, Instrumento de regulación de la acción en el territorio.Palabras clave: Territorio; Poder; Política; Minería.

Introduction

2020 ◽  
pp. 1-15
Author(s):  
Feisal G. Mohamed
Keyword(s):  
John Milton ◽  
Thomas Hobbes ◽  
The State ◽  
Carl Schmitt ◽  
The Political ◽  
Sovereign Power ◽  
Andrew Marvell ◽  
Universal Principles ◽  
Modern Politics ◽  
Political Settlement

A modern politics attaching itself to the state must adopt a position sovereignty, by which is meant the political settlement in which potestas and auctoritas are aligned. Three competing forms are identified: unitary sovereignty, divided and balanced sovereignty, and the view that sovereign power must be limited by universal principles. Each of these forms can be divided into “red” and “black” varieties, depending on the imagined relationship between sovereign power and modern conditions of flux. A chapter outline introduces the figures who will be explored in the book as a whole: Thomas Hobbes; William Fiennes, Lord Saye and Sele; John Barclay and the romance writers of the 1650s whom he influences; John Milton; and Andrew Marvell. Also described is the book’s sustained engagement of Carl Schmitt, and the ways in which his thought on sovereignty is an example of the competition amongst the concept’s three competing forms.

Christian Thomasius: Enlightenment and Bureaucracy

1965 ◽  
Vol 59 (2) ◽  
pp. 430-438 ◽  
Author(s):  
Frederick M. Barnard
Keyword(s):  
Roman Law ◽  
The Political ◽  
Central Administration ◽  
Sovereign State ◽  
German Empire ◽  
Major Powers ◽  
Legal Fiction ◽  
Political Unity ◽  
Political Realities ◽  
Territorial Unity

The Thirty Years War, though essentially religious in origin, assumed towards its end a distinctly political complexion. It became a trial of strength between the major powers of Europe, resulting in the unquestioned supremacy of France and Austria, the establishment of Switzerland as a fully fledged sovereign state, and the extension of the dominion of Sweden and Denmark. Most, if not all, of these changes occurred at the expense of the territorial unity of the German Empire. At the same time the disruption of German Imperial unity brought in its wake the effective assertion of sovereignty on the part of some 360 German principalities. The political unity of ‘Germany’ became a legal fiction.Under these changed circumstances the generally prevalent Roman Law, based as it was on the idea of strong central administration, was no longer in accordance with the political realities of Germany.

scholarly journals NASIONALISME EKONOMI DI INDONESIA (Prespektif Ekonomi Islam dalam Al-Qur’an dan Hadis)

2020 ◽  
Vol 11 (2) ◽  
pp. 241-258
Author(s):  
Ifdholul Maghfur ◽  
Moh. Mukhsinin Syu’aibi
Keyword(s):  
Social System ◽  
Human Life ◽  
The State ◽  
The Political ◽  
Economic Nationalism ◽  
Political Aspect ◽  
Strong Belief ◽  
Religion And State ◽  
Religious Aspect ◽  
Sociological Aspect

Economic nationalism in the perspective of Islam for its adherents not only becomes religion and state in the sense of Western studies but it is also a system that encompasses all aspects of human life in the sphere of the state and nation. In his book, Marcel Boisard considers that the universality of Islam as a religion and social system can be proven in five aspects: the metaphysical aspect, the religious aspect, the sociological aspect, the economic aspect and the political aspect. Nationalism or belief in one's own product as a faith in the Essence of God as outlined in a very strong belief, Islam is a universal ideology that cannot be equated with any ideology and religion

Political Theory and Political Theology

2020 ◽  
pp. 248-258
Author(s):  
Ernst-Wolfgang Böckenförde ◽  
Mirjam Künkler ◽  
Tine Stein
Keyword(s):  
Political Theory ◽  
Liberation Theology ◽  
Alternative Model ◽  
Political Theology ◽  
The State ◽  
Carl Schmitt ◽  
The Political ◽  
Pope John Paul Ii ◽  
Political Field ◽  
John Paul Ii

In this article, Böckenförde tries to determine the proper means of conducting political theology. After dismissing juridical political theology in the vein of Carl Schmitt as not so much theological but rather sociological in its discussion of how original theological terms such as ‘sovereignty’ were transposed to the state, people, or government, he turns to two other models: Böckenförde sees a shift away from classical institutional political theology à la Augustine, which explores what Christianity has to say about a state’s status, legitimation, and structure, to what he calls appellative political theology. Immediately concerned with action, the latter manifests itself inter alia as liberation theology and tends to run the risk of dissolving into theologically justified, and ultimately arbitrary, politics. As an alternative model, Böckenförde extols the political theology of Pope John Paul II. By focusing on the words of Jesus and the Gospel and other topics that appear ‘nonpolitical’ at first glance, the pope makes the case for dignity, liberty, and the purpose of man, taking the side of the weak and rejecting violence. In Böckenförde’s view, such a political theology is not about to be rendered obsolete by modernity. Since politics is essentially concerned with relations between individuals and groups, religion cannot avoid being drawn into the political field and raise its voice there as well.

The Politics of Global Constitutionalism

ICL Journal ◽  
2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Ekaterina Yahyaoui Krivenko
Keyword(s):  
The State ◽  
Political Community ◽  
Carl Schmitt ◽  
The Political ◽  
Giorgio Agamben ◽  
Political Dimension ◽  
Current State ◽  
Global Constitutionalism ◽  
Open Discussion ◽  
State Form

AbstractThe article argues that no understanding of global constitutionalism will be complete without a thorough discussion of its political dimension. The current state of scholarship on global constitutionalism is dominated by discussions of legal elements. However, any theory of global constitutionalism has an underlying vision of the political. Without discussing this underlying vision of the political global constitutionalism will remain incomplete. In particular the article demonstrates that the contemporary debates on global constitutionalism are plagued by a contradiction between its aims and its underlying vision of the political. Thus, global constitutionalism postulates individuals as central units of its concern. However, by maintaining states as central actors although in a changed form and with fewer powers global constitutionalism unwittingly subscribes to a vision of the political anchored in the state form and based on the exclusion/inclusion dynamic. This vision of the political is most clearly articulated by Carl Schmitt. The discussion of his view of the political demonstrates that the political based on the state form makes the project of global constitutionalism impossible. The only way forward is an open discussion of different visions of the political and a search for a more adequate vision of the political able to further the aims of global constitutionalism and its focus on individuals. The article discusses one of these alternative visions of the political, namely the concept of the coming politics and coming community as articulated by Giorgio Agamben. It demonstrates how with this vision of the political the project of global constitutionalism can conceive of a political community fully dedicated to the singularities of each individual human being without creating divisions. The article concludes that in order for global constitutionalism to continue as a viable project, an open and explicit discussion of the political is called for.

BRIEF COMMENTS ON STAFLEU’S PROPOSAL FOR A NEW POLITICAL ASPECT

2005 ◽  
Vol 70 (1) ◽  
pp. 70-75
Author(s):  
Andrew Basden
Keyword(s):  
Public Domain ◽  
The State ◽  
The Political ◽  
Social Aspect ◽  
Political Aspect ◽  
The Public ◽  
Social Communities ◽  
The Social ◽  
Aesthetic Aspect ◽  
The Aesthetic

In “On the character of social communities; the state and the public domain” [Philosophia Reformata 69(2):125-39, 2004] Dick Stafleu has suggested that the social aspect as currently constituted under Dooyeweerd, covers two distinct things: ”¢ companionship ”¢ authority and discipline, and that the latter should become a new aspect, the political, placed after the economic and before the juridical. (Stafleu seems to have dispensed with the aesthetic aspect that currently lies between those two aspects, largely taking Seerveld’s line that it should be redefined and placed earlier; see footnote 9 on p.130) I would like to briefly suggest some issues that need to be discussed and resolved before his suggestion is adopted. I have long felt the tension between the two parts of Dooyeweerd’s version of the social aspect that Stafleu refers to — companionship and authority — and I think Stafleu is right to open up discussion about it. But I am not happy that his proposal either is necessary or solves the problem. Moreover, I can also understand something of Dooyeweerd’s own thinking as he kept the two together.

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