Cover image for Carl Schmitt : the end of law
Title:
Carl Schmitt : the end of law
Author:
Scheuerman, William E., 1965-
Publication Information:
Lanham, Md : Rowman & Littlefield, [1999]

©1999
Physical Description:
xi, 345 pages ; 24 cm.
Language:
English
ISBN:
9780847694174

9780847694181
Format :
Book

Available:*

Library
Call Number
Material Type
Home Location
Status
Central Library K230.S352 S34 1999 Adult Non-Fiction Non-Fiction Area
Searching...

On Order

Summary

Summary

Until the publication of this pathbreaking book, most scholarly studies of Carl Schmitt offered an oversimplistic, apologetic account of Schmitt's intellectual and political sympathies to Nazi fascism, or they crudely criticized his ideas by caricaturing them. In this full-length study in English of Germany's most influential authoritarian right-wing political and legal thinker, award-winning political theorist William E. Scheuerman examines in close detail the profound impact of Schmitt's critique of the liberal rule of law, and he describes how Schmitt's understanding of liberal jurisprudence led him to embrace National Socialism as a viable alternative to the perceived pathologies of the liberal rule of law. Scheuerman illustrates how, in the aftermath of World War II, influential political theorists, particularly Schumpter, Hayek, and Morgenthau, imported Schmitt's ideas into American political discourse. Although none of these writers were followers of Schmitt, each one engaged in a 'hidden dialogue' with him that shaped important facets of the intellectual discourse in postwar America. Carl Schmitt is an original, engaging study that will be of great value to political theorists and those interested in twentieth-century intellectual history and political philosophy.


Summary

Until the publication of this pathbreaking book, most scholarly studies of Carl Schmitt offered an oversimplistic, apologetic account of Schmitt's intellectual and political sympathies to Nazi fascism, or they crudely criticized his ideas by caricaturing them. In this full-length study in English of Germany's most influential authoritarian right-wing political and legal thinker, award-winning political theorist William E. Scheuerman examines in close detail the profound impact of Schmitt's critique of the liberal rule of law, and he describes how Schmitt's understanding of liberal jurisprudence led him to embrace National Socialism as a viable alternative to the perceived pathologies of the liberal rule of law. Scheuerman illustrates how, in the aftermath of World War II, influential political theorists, particularly Schumpter, Hayek, and Morgenthau, imported Schmitt's ideas into American political discourse. Although none of these writers were followers of Schmitt, each one engaged in a "hidden dialogue" with him that shaped important facets of the intellectual discourse in postwar America. Carl Schmitt is an original, engaging study that will be of great value to political theorists and those interested in twentieth-century intellectual history and political philosophy.


Author Notes

William E. Scheuerman is associate professor of political science at the University of Pittsburgh.


William E. Scheuerman is associate professor of political science at the University of Pittsburgh.


Reviews 2

Choice Review

Scheuerman (Univ. of Pittsburgh) makes his own contribution to the "Schmitt renaissance" with this careful and searching inquiry into Carl Schmitt's legal theory. In part 1 the author brilliantly lays out how Schmitt's critique of liberal jurisprudence should help American jurists think through the crisis of legal indeterminacy. Exponents of radical indeterminacy as well as more mainstream exponents of underdeterminacy are both challenged to learn the lesson from Schmitt's political conclusions. For the former, Schmitt stands as a sobering lesson of what can happen once the achievements of liberal jurisprudence are jettisoned wholesale. For the latter, Schmitt exhibits how the search for suprapositive sources to compensate for the underdeterminacy of legal jurisprudence can lead to ideologically "homogeneous" solutions, and thus threaten the pluralist nature of contemporary liberal democracies. In part 2 Scheuerman traces the impact of Schmitt's thought on postwar American political thought through a consideration of how a "more or less hidden debate with Carl Schmitt" profoundly shaped the theories of Schumpeter, Hayek, and Morgenthau. This work is a scholarly cry of the heart to preserve the "indispensable virtues of the rule of law." A very important work in legal and political theory. Recommended for upper-division undergraduates and above. A. Woodiwiss; Wheaton College (IL)


Choice Review

Scheuerman (Univ. of Pittsburgh) makes his own contribution to the "Schmitt renaissance" with this careful and searching inquiry into Carl Schmitt's legal theory. In part 1 the author brilliantly lays out how Schmitt's critique of liberal jurisprudence should help American jurists think through the crisis of legal indeterminacy. Exponents of radical indeterminacy as well as more mainstream exponents of underdeterminacy are both challenged to learn the lesson from Schmitt's political conclusions. For the former, Schmitt stands as a sobering lesson of what can happen once the achievements of liberal jurisprudence are jettisoned wholesale. For the latter, Schmitt exhibits how the search for suprapositive sources to compensate for the underdeterminacy of legal jurisprudence can lead to ideologically "homogeneous" solutions, and thus threaten the pluralist nature of contemporary liberal democracies. In part 2 Scheuerman traces the impact of Schmitt's thought on postwar American political thought through a consideration of how a "more or less hidden debate with Carl Schmitt" profoundly shaped the theories of Schumpeter, Hayek, and Morgenthau. This work is a scholarly cry of the heart to preserve the "indispensable virtues of the rule of law." A very important work in legal and political theory. Recommended for upper-division undergraduates and above. A. Woodiwiss; Wheaton College (IL)


Table of Contents

Acknowledgmentsp. xi
Introduction: Why Carl Schmitt?p. 1
Part 1 The Jurisprudence of Lawlessness
1 The Crisis of Legal Indeterminacyp. 15
2 The Decay of Parliamentarismp. 39
3 The Critique of Liberal Constitutionalismp. 61
4 The Total Statep. 85
5 After Legal Indeterminacy?p. 113
6 Indeterminacy and International Lawp. 141
Epilogue to Part One: Carl Schmitt in the Aftermath of the German Catastrophep. 175
Part 2 Carl Schmitt in America
7 Carl Schmitt and the Origins of Joseph Schumpeter's Theory of Democratic Elitismp. 183
8 The Unholy Alliance of Carl Schmitt and Friedrich A. Hayekp. 209
9 Another Hidden Dialogue--Carl Schmitt and Hans Morgenthaup. 225
Conclusion: After Carl Schmitt?p. 253
Notesp. 257
Indexp. 339
About the Authorp. 345
Acknowledgmentsp. xi
Introduction: Why Carl Schmitt?p. 1
Part 1 The Jurisprudence of Lawlessness
1 The Crisis of Legal Indeterminacyp. 15
2 The Decay of Parliamentarismp. 39
3 The Critique of Liberal Constitutionalismp. 61
4 The Total Statep. 85
5 After Legal Indeterminacy?p. 113
6 Indeterminacy and International Lawp. 141
Epilogue to Part One: Carl Schmitt in the Aftermath of the German Catastrophep. 175
Part 2 Carl Schmitt in America
7 Carl Schmitt and the Origins of Joseph Schumpeter's Theory of Democratic Elitismp. 183
8 The Unholy Alliance of Carl Schmitt and Friedrich A. Hayekp. 209
9 Another Hidden Dialogue--Carl Schmitt and Hans Morgenthaup. 225
Conclusion: After Carl Schmitt?p. 253
Notesp. 257
Indexp. 339
About the Authorp. 345

Google Preview