:The State of the Political: Conception of Politics and the State in the Thought of Max Weber, Carl Schmitt and Franz Neumann.(British Academy Postdoctoral Fellowship Monograph.)

2005 ◽  
Vol 110 (3) ◽  
pp. 887-888
Author(s):  
Jan‐Werner Müller
Keyword(s):  
Max Weber ◽  
The State ◽  
Carl Schmitt ◽  
The Political ◽  
Political Conception ◽  
Franz Neumann ◽  
Postdoctoral Fellowship

The State of the Political

2003 ◽  
Author(s):  
Duncan Kelly
Keyword(s):  
Intellectual History ◽  
Legal Theory ◽  
Max Weber ◽  
Political Representation ◽  
Historical Context ◽  
The State ◽  
Carl Schmitt ◽  
Political Criticism ◽  
History Of ◽  
Franz Neumann

This book offers a broad-ranging re-interpretation of the understanding of politics and the state in the writings of three major German thinkers, Max Weber, Carl Schmitt, and Franz Neumann. It rejects the typical separation of these writers on the basis of their allegedly incompatible ideological positions, and suggests instead that once properly located in their historical context, the tendentious character of these interpretative boundaries becomes clear. The book interprets the conceptions of politics and the state in the writings of these three thinkers by means of an investigation of their adaptation and modification of particular German traditions of thinking about the state, or Staatsrechtslehre. Indeed, when the theoretical considerations of this state-legal theory are combined with their contemporary political criticism, a richer and more deeply textured account of the issues that engaged the attention of Weber, Schmitt and Neumann is possible. Thus, the broad range of subjects discussed in this book include parliamentarism and democracy in Germany, academic freedom and political economy, political representation, cultural criticism and patriotism, and the relationship between rationality, law, sovereignty and the constitution. The study attempts to restore a sense of proportion to the discussion of the three authors' writings, focusing on the extensive ideas that they shared rather than insisting on their necessary ideological separation. It is a detailed re-appraisal of a crucial moment in modern intellectual history, and highlights the profound importance of Max Weber, Carl Schmitt and Franz Neumann for the history of European ideas.

Introduction—from Staatsrechtslehre to Behemoth

2003 ◽  
Author(s):  
Duncan Kelly
Keyword(s):  
Max Weber ◽  
State Politics ◽  
Carl Schmitt ◽  
The Political ◽  
Modern State ◽  
Franz Neumann

This is a book about how conceptions of the modern state, politics and the political were understood, developed and modified by Max Weber (1864–1920), Carl Schmitt (1888–1985) and Franz Neumann (1900–1954) during the period 1890 to 1945 in Germany. It is an attempt to outline their criticisms and modifications of a broad, peculiarly German tradition of Staatsrechtslehre, or state-legal theorizing. The predominantly legalistic nature of this type of thinking forms both the background to, and the bases of, the understandings of the modern state and politics found in their writings. Yet, all three writers argued that such thinking could not adequately adapt to the problems raised by an era of mass-based politics. Tracing the reasoning behind their movement away from this broad tradition of Staatsrechtslehre therefore provides an overarching context for this work.

Origins of Progressivism

2019 ◽  
pp. 23-60 ◽  
Author(s):  
Blake Emerson
Keyword(s):  
Twentieth Century ◽  
Legal Theory ◽  
Max Weber ◽  
State Theory ◽  
The State ◽  
Legal Positivism ◽  
Carl Schmitt ◽  
Constitutional History ◽  
German State ◽  
Normative Concept

This chapter describes German state theory in the nineteenth and twentieth century. It describes this tradition in order to clarify the relevance of German ideas to the American context. American political scientists and legal scholars frequently rely on German thinkers such as Max Weber and Carl Schmitt to understand the state. But these divergent assessments lack a grounding in the longer trajectory and the institutional dilemmas of German legal theory. The chapter provides that broader context and directs readers’ attention to the most promising strand of German thought: the philosophy of G.W.F. Hegel. Hegel would have formative significance for the Progressive thinkers who developed the American administrative state. Hegel understood the state’s purpose to be the advancement of freedom. The chapter contextualizes this idea and shows its influence throughout the nineteenth century, in the Rechtsstaat theories of Robert von Mohl, Lorenz von Stein, and Rudolf von Gneist. It then shows how this normative concept of the state was emptied out with the turn to legal positivism at the end of the century. Weber’s formal-rational conception of bureaucracy then arrived at a particularly unstable moment in German constitutional history, in the transition from monarchy to democracy. Weber’s bifurcated conception of legal and charismatic authority paved the way for Schmitt’s proto-totalitarian theory of the state. The chapter concludes by showing how German theorists in the second half of the twentieth century, such as Jürgen Habermas, continued to rely on Weber’s instrumental conception of bureaucracy.

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.

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.

scholarly journals Legitimacy of democracy in the works by Max Weber and Сarl Schmitt

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 501-517
Author(s):  
Viktor P. Kirilenko ◽  
◽  
Georgij V. Alekseev ◽  
Keyword(s):  
Rule Of Law ◽  
Max Weber ◽  
Legal Culture ◽  
Carl Schmitt ◽  
Political Regime ◽  
The Political ◽  
Modern Democracy ◽  
The Rule Of Law ◽  
Political Events ◽  
The Relationship

Identification of political regime’s legality and legitimacy by the German lawyer Carl Schmitt seems to be an attempt to solve the problem of unjust laws which is close to the idea of legitimate domination stated by Max Weber. Popularity of the legitimacy paradigm within the framework of political and legal discourse on its way towards the provision of rational government is often associated with an underestimation of democratic charisma’s role in legitimation when it is compared to the legal bureaucratic justification of government. Noting the fact that rationality is the most important and at the same time the least reasoned part of Max Weber’s social theory, we need to assess the potential of the bureaucracy in securing the ideals of the rule of law with an extreme caution. If Carl Schmitt’s position on the relationship between legality and legitimacy changed along with the development of political events of the 20th century, the ideas of Max Weber were modified during the translations of his works from German and gave to legitimacy deep textbook value. Decrease in chances of unjust law’s application requires certain legal culture that allows not only to question any formal prescription of the law and to test it for legitimacy, but also gives an opportunity to assess the legality of any democratic decision before it is implemented. Understanding the legitimacy of democracy depends largely on the ideology that dominates society, and the legal culture of the person that assesses the political regime. It is obvious in the context of political mistakes made during the first half of the twentieth century that the danger of underestimating the threats to the rule of law, originating both from illegitimate authorities and from unlawful political decisions. Historical experience underscores the need for a broad understanding of the rule of law state (Rechtsstaat) in a modern democracy, which simultaneously protects the formal legality and legitimacy of the political regime.

scholarly journals POLITIK MODERAT: Studi Pemikiran Muhammad Sa’id Ramadhan al-Buthi

2020 ◽  
Vol 14 (1) ◽  
pp. 77
Author(s):  
Muhammad Wahdini
Keyword(s):  
Comparative Advantage ◽  
The State ◽  
The Political ◽  
Political Field ◽  
Political Issues ◽  
Political Experience ◽  
Political Conception ◽  
Women’S Representation ◽  
The Creation ◽  
The Revolution

This paper discusses the thoughts of Muhammad Sa'id Ramadhan Al-Buthi in the political field. Al-Buthi is a figure that is considered by some to be controversial because it is close to the Al-Assad regime, which in fact the majority of scholars hate the Al-Assad regime which is considered wrong. This paper is the result of a study of several literary literature relating to Al-Buthi's political conception. In this case Al-Buthi places more emphasis on moderation which leads to the unity of a country. His socio-political experience in the struggle over political issues in Suriah led him to very moderate thinking. His rejection of the revolution and more agree with reform because of the comparative advantage of the two. Al-Buthi emphasizes more on how moderate politics he prioritizes the creation of unity in the state of the nation so that its benefits for citizens are met. In addition to his rejection of extreme ways of politics he also placed women's representation as part of a government

Review: Austin Harrington, German Cosmopolitan Thought and the Idea of the West: Voices from Weimar

2018 ◽  
Vol 35 (7-8) ◽  
pp. 319-324
Author(s):  
Thomas Kemple
Keyword(s):  
Martin Heidegger ◽  
Weimar Republic ◽  
Max Weber ◽  
Carl Schmitt ◽  
The Political ◽  
Georg Simmel ◽  
Critical Perspective ◽  
The West ◽  
Karl Jaspers

Austin Harrington’s monumental investigation into the ‘radical centrists’ of the Weimar Republic is discussed in terms of key themes such as universalism, cosmopolitanism, and the critique of Eurocentrism that still resonate with recent debates. Contrasting the voices of lesser known critical intellectuals from this period such as Karl Jaspers and Kark Mannheim with the political writings of Max Weber and Georg Simmel, as well as with the reactionary positions of Carl Schmitt and Martin Heidegger, Harrington’s book affords a useful critical perspective on ‘protesting the West’, yesterday and today.

Das Rätsel der Persönlichkeit—Max Weber’s Kulturkritik

2003 ◽  
Author(s):  
Duncan Kelly
Keyword(s):  
Friedrich Nietzsche ◽  
Max Weber ◽  
The State ◽  
The Other ◽  
The Political ◽  
Modern State ◽  
Special Importance ◽  
Central Question

In discussing the notion of ‘personality’ in the work of Max Weber, this chapter suggests that he developed a language of the worthwhile modern personality influenced by Friedrich Nietzsche. It argues that Weber's ‘central question’ was indeed a political one, concerned with the tense relationship between the life-conduct of the modern personality and the particular ‘orders of life’ into which individuals are placed. As an account of the nature of modernity, this is of special importance when linked to Weber's discussion of the specific requirements of the political personality capable of providing leadership in the modern state. The chapter reconstructs a guiding political theme within Weber's oeuvre, and focuses less on the state and a state ‘tradition’ than the other discussions in the book.

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.

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