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

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.

The relationship between religion and the state: the institution of ‘Commandment of the Faithful’ in Morocco†

2014 ◽  
Vol 7 (1) ◽  
pp. 54-81
Author(s):  
Ahmed Al Khamlichi
Keyword(s):  
Political Authority ◽  
The State ◽  
The Political ◽  
Individual Rights ◽  
Social Unrest ◽  
Absolute Power ◽  
State Institutions ◽  
The Past ◽  
Definition Of ◽  
The Relationship

The term ‘Amir al-Mou'mineen’ (Commander of the Faithful) and ‘caliph’ were first bestowed on Omar Bin al-Khattab who became the successor of the Prophet (Peace be upon him) two-and-a-half years after he passed away. By virtue of the political and religious connotations of the term, the title conveyed overarching political authority – a kind of absolute power. The notion of Commander of the Faithful facilitated oppression of those who held different views, directly or indirectly, through employing fatawa, that is religious interpretations and edicts, in addition to mobilizing religious followers and devotees. This excess of political power is based on the definition of Imarat al-Mu'mineen (Commandment of the Faithful) or the Caliphate common in religious jurisprudence. This definition was coined by Ibn Khaldoun, and may be translated as: ‘making people abide by the view of Shar (the Law of God in Islam) regarding their temporal and afterlife interests’. Morocco has been no different from the rest of the Islamic world over the centuries, and now two distinct phenomena are apparent. First, the emergence of different groups, each with its own ideology and claims to be defending religion and pursuing its implementation. Such groups consider all other ways of thinking as apostasy that must be eliminated; while juxtaposed to them, there exist intellectual currents calling for the continued separation of religion and the state and its laws. During the past two decades this phenomenon has led to tragic situations in a considerable number of Islamic states, whose prospects now seem very gloomy. Second, a tight regulation of state institutions, together with constitutional guarantees of individual rights and freedoms, can prevent the manipulation of the state in the name of religion, and its use for tyranny and the oppression of individuals and minorities, be it in the name of Commandment of the Faithful or any other term. It seems that Morocco is aware of the power of these two phenomena, especially after it faced social unrest in 1992 and 2001, which almost destroyed its stability.

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.

Prologue

2017 ◽  
Author(s):  
Peter D. McDonald
Keyword(s):  
Cold War ◽  
Cultural Diversity ◽  
The State ◽  
The Political ◽  
Cultural Expression ◽  
Intangible Heritage ◽  
History Of ◽  
Definition Of ◽  
The Cold War ◽  
Print Literacy

The section introduces Part II, which spans the period 1946 to 2014, by tracing the history of the debates about culture within UNESCO from 1947 to 2009. It considers the central part print literacy played in the early decades, and the gradual emergence of what came to be called ‘intangible heritage’; the political divisions of the Cold War that had a bearing not just on questions of the state and its role as a guardian of culture but on the idea of cultural expression as a commodity; the slow shift away from an exclusively intellectualist definition of culture to a more broadly anthropological one; and the realpolitik surrounding the debates about cultural diversity since the 1990s. The section concludes by showing how at the turn of the new millennium UNESCO caught up with the radical ways in which Tagore and Joyce thought about linguistic and cultural diversity.

The Crisis of Minorities in Ethnic States: The Case of Palestinian Citizens in Israel

1998 ◽  
Vol 30 (3) ◽  
pp. 321-346 ◽  
Author(s):  
Naditn Rouhana ◽  
Asʿad Ghanem
Keyword(s):  
Equal Opportunity ◽  
International System ◽  
The State ◽  
The Political ◽  
Political Structure ◽  
Ongoing Debate ◽  
Group Rights ◽  
Liberal Democratic ◽  
Ethnic Affiliation ◽  
Democratic State

The vast majority of states in the international system, democratic and non-democratic, are multi-ethnic (Gurr 1993). A liberal-democratic multi-ethnic state serves the collective needs of all its citizens regardless of their ethnic affiliation, and citizenship—legally recognized membership in the political structure called a state—is the single criterion for belonging to the state and for granting equal opportunity to all members of the system. Whether a multi-ethnic democratic state should provide group rights above and beyond individual legal equality is an ongoing debate (Gurr & Harff 1994).

The Alt-Right’s continuation of the ‘cultural war’ in Euro-American societies

Thesis Eleven ◽  
2021 ◽  
pp. 072551362110059
Author(s):  
Tamir Bar-On
Keyword(s):  
Carl Schmitt ◽  
New Right ◽  
Right Wing ◽  
Antonio Gramsci ◽  
Left Wing ◽  
Anti Semitism ◽  
The Usa ◽  
The Masses ◽  
Hearts And Minds

In this paper, I argue that the Alt-Right needs to be taken seriously by the liberal establishment, the general public, and leftist cultural elites for five main reasons: 1) its ‘right-wing Gramscianism’ borrows from the French New Right ( Nouvelle Droite – ND) and the French and pan-European Identitarian movement. This means that it is engaged in the continuation of a larger Euro-American metapolitical struggle to change hearts and minds on issues related to white nationalism, anti-Semitism, and racialism; 2) it is indebted to the metapolitical evolution of sectors of the violent neo-Nazi and earlier white nationalist movements in the USA; 3) this metapolitical orientation uses the mass media, the internet, and social media in general to reach and influence the masses of Americans; 4) the ‘cultural war’ means that the Alt-Right’s spokesman Richard Spencer, French ND leader Alain de Benoist, and other intellectuals see themselves as a type of Leninist vanguard on the radical right, which borrows from left-wing authors such as Antonio Gramsci and their positions in order to win the metapolitical struggle against ‘dominant’ liberal and left-wing political and cultural elites; and 5) this ‘cultural war’ is intellectually and philosophically sophisticated because it understands the crucial role of culture in destabilizing liberal society and makes use of important philosophers such as Friedrich Nietzsche, Carl Schmitt, Julius Evola and others in order to give credence to its revolutionary, racialist, and anti-liberal ideals.

The Political Theory of the Disruption

1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski
Keyword(s):  
Political Theory ◽  
Political Authority ◽  
The State ◽  
The Political ◽  
The Reformation ◽  
Secular Society ◽  
The One ◽  
Definition Of ◽  
Political Principles ◽  
The Church

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?

scholarly journals The Actuality of Some Principles and Ideas of Law Philosophy Issued by Mircea Djuvara

2018 ◽  
Vol 21 (35) ◽  
pp. 38-51
Author(s):  
Marţian Iovan
Keyword(s):  
European Union ◽  
Political Power ◽  
National Level ◽  
The State ◽  
The Political ◽  
Philosophy Of Law ◽  
State Institutions ◽  
The Law

Abstract The author analyzes in this paper principles and ides of philosophy of law issued by Mircea Djuvara, which preserve their contemporaneity, being useful for the perfecting of the state institutions and of the democracy not only at national level, but also at European Union one. His ideas and logical demonstration on the rational fundamentals of law, the autonomy of the moral and legal conscience, the specificity of truth and of juridical knowledge, the philosophical substantiation of power and Constitution, the principles of the democracy and the connections between the political power and the law are just few of the original elements due to which Djuvara became an acknowledged and respected personality not only in Romania, but also in the experts clubs of the Europe between the two World Wars.

The Escape to Turkey. Ways and Methods of Illegal Border Crossings into Turkey from the perspective of SSI documents (1945-1948)

2021 ◽  
Vol 65 (2) ◽  
pp. 123-134
Author(s):  
Daniela Popescu
Keyword(s):  
Cold War ◽  
Political Power ◽  
The State ◽  
Communist Regime ◽  
The Political ◽  
Border Crossings ◽  
Secret Police ◽  
State Institutions ◽  
Police Services ◽  
The Cold War

"The Escape to Turkey. Ways and Methods of Illegal Border Crossings into Turkey from the perspective of SSI documents (1945-1948). Romania`s first years after the communist regime took political power in Romania, concurrent with the onset of the Cold War, meant a reshuffle of the state institutions at first and later a dramatic impact on people`s lives. The political and institutional purges were the first signal that soon repression and terror will follow, thus prompting numerous Romanian citizens to leave the country. Yet, due to the strict surveillance of the Secret Police Services which did not easily allow traveling to Western countries, the only way to escape was through illicit border crossings. One of the most common destinations was Turkey, with documents issued between 1945 and 1948 by the Secret police services revealing an impressive number of such cases. Keywords: Illegal border crossings, escape, communism, Romania, Turkey. "

Morfologie van de uiterst-rechtse groeperingen in België

Res Publica ◽  
1970 ◽  
Vol 23 (2-3) ◽  
pp. 373-407
Author(s):  
Peter Verlinden
Keyword(s):  
Systematic Review ◽  
Small Groups ◽  
Political Context ◽  
The Political ◽  
Right Wing ◽  
Extreme Right ◽  
Youth Organizations ◽  
Political Field ◽  
Youth Organization ◽  
Definition Of

White a generally acknowledged definition of «right» and «extreme right» does not exist, an external definition was accepted, departing from what the most important authors accepted as being «right and extreme right wing groups» in Belgium.In Flandern the most important ones situate themselves within the «Flemish Movement», although being a small part of this Movement.  These groupings are classified into three categories : groups oriented towards the Flemish-Nationalistic past, students- and youth-organizations, and the recently activist groups.In Brussels and Wallonia two initiatives delineate this political field : Le Nouvel Europe Magazine, a well distributed monthly magazine, and the Front de la Jeunesse, initially founded as the youth organization of the magazine.The relevance of these rather small groups must be seen on two levels : that of the global Belgian political context, and on the level of the political Flemish Movement. To analyse strictly the amount of that influence needs more than a systematic review of the groupings that operate on this specific political field in Belgium last year.

Sign in / Sign up

Export Citation Format

Share Document