Description
Book SynopsisPresents a balanced response to Carl Schmitt's critique of liberalism. This book describes the varying engagements and confrontations with Schmitt's work. It is suitable for political philosophers, legal theorists, historians, and for those interested in Schmitt's relevance to discussions of liberalism.
Trade Review“
Law as Politics reveals the full force of Schmitt’s challenge to the pieties of liberal thought, as well as providing ample ammunition for those eager to meet it. In so doing, it significantly elevates the level of the English-language discussion of this powerful and troubling thinker.”—Martin Jay, University of California at Berkeley
“Everybody interested in the workings of the modern state in good and hard times and its prospects for the future will profit from reading these essays on this famous and infamous German legal theorist.”—Winfried Bruger, Universität Heidelberg
Table of ContentsForeword / Ronald Beiner
Acknowledgments
Introduction: Why Carl Schmitt? / David Dyzenhaus
PART I: POLITICAL THEORY AND LAW
Carl Schmitt’s Critique of Liberalism: Systematic Reconstruction and Countercriticism / Heiner Bielefeldt
The Concept of the Political: A Key to Understanding Carl Schmitt’s Constitutional Theory / Ernst-Wolfgang Bockenforde
From Legitimacy to Dictatorship — and Back Again: Leo Strauss’s Critique of the Anti-Liberalism of Carl Schmitt / Ellen Kennedy
Pluralism and the Crisis of Parliamentary Democracy / Dominique Leydet
Liberalism as a “Metaphysical System”: The Methodological Structure of Carl Schmitt’s Critique of Political Rationalism / Reinhard Mehring
Carl Schmitt and the Paradox of Liberal Democracy / Chantal Mouffe
PART II: LEGAL THEORY AND POLITICS
Carl Schmitt on Sovereignty and Constituent Power / Renato Cristi
The 1933 “Break” in Carl Schmitt’s Theory / Ingeborg Maus
The Dilemmas of Dictatorship: Carl Schmitt and Constitutional Emergency Powers / John P. McCormick
Revolutions and Constitutions: Hannah Arendt’s Challenge to Carl Schmitt / William E. Scheuerman
Carl Schmitt’s Internal Critique of Liberal Constitutionalsim:
Verfassungslehre as a Response to the Weimar State Crisis / Jeffrey Seitzer
Notes on Contributors
Index
