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Constitutional Failure

Constitutional Failure Author Ellen Kennedy
ISBN-10 0822332434
Release 2004-09-29
Pages 256
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DIVThe author's argument that Carl Schmitt's critique of Weimar Republic liberalism cannot be countered by reforming liberalism is also a contribution to current political theory and an analysis of contemporary liberalism./div



Constitutional Theory

Constitutional Theory Author Carl Schmitt
ISBN-10 9780822340119
Release 2008
Pages 468
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This volume makes Schmitt's provocative work on comparative constitutionalism available in English for the first time since it was published in 1928 in Germany.



Legality and Legitimacy

Legality and Legitimacy Author Carl Schmitt
ISBN-10 9780822385769
Release 2004-02-05
Pages 211
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Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.



The Challenge of Carl Schmitt

The Challenge of Carl Schmitt Author Chantal Mouffe
ISBN-10 1859847048
Release 1999
Pages 212
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Carl Schmitt's thought serves as a warning against the dangers of complacency entailed by triumphant liberalism. His conception of politics is a sharp challenge to those who believe that there is a third way between the left and right and that the increasing moralization of political discourse constitutes a great advance for democracy. Schmitt reminds us forcefully that the essence of politics is struggle and that the distinction between friend and enemy cannot be abolished. Contributions: Gregoris Ananiadis, Agostino Carrino, Catherine Colliot-Thélène, Jorge Dotti, David Dyzenhaus, Paul Hirst, Jean-François Kervégan, Chantal Mouffe, Ulrich Preuss, Slavoj Zizek and an important essay by Carl Schmitt available in English for the first time.



Legality and Legitimacy

Legality and Legitimacy Author David Dyzenhaus
ISBN-10 9780198298465
Release 1999-09-02
Pages 283
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This book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen is well-known as one of the main exponents of the philosophy of legal positivism. Heller is virtually unknown outside Germany. Dyzenhaus exposes the dangers of Schmitt's legal philosophy by situating it in the legal context of constitutional crisis to which he responded. He also points out the severs inadequacies of Kelsen's legal positivism. In a wide-ranging account of the predicaments of contemporary legal and political philosophy, Heller's position is argued to be the most promising of the three.



The Guardian of the Constitution

The Guardian of the Constitution Author Hans Kelsen
ISBN-10 9781107092686
Release 2015-02-19
Pages 290
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The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.



Carl Schmitt s State and Constitutional Theory

Carl Schmitt s State and Constitutional Theory Author Benjamin Schupmann
ISBN-10 9780198791614
Release 2017-11-30
Pages 232
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Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.



The Rise and Fall of Weimar Democracy

The Rise and Fall of Weimar Democracy Author Hans Mommsen
ISBN-10 0807847216
Release 1998-03-01
Pages 604
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In this definitive analysis of the Weimar Republic, Hans Mommsen surveys the political, social, and economic development of Germany between the end of World War I and the appointment of Adolf Hitler as chancellor in 1933. His assessment of the German expe



The Oxford Handbook of Carl Schmitt

The Oxford Handbook of Carl Schmitt Author Jens Meierhenrich
ISBN-10 9780190646509
Release 2016-12-13
Pages 592
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The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid antisemitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.



The Crisis of Parliamentary Democracy

The Crisis of Parliamentary Democracy Author Carl Schmitt
ISBN-10 0262691264
Release 1988-01-01
Pages 132
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The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy.



Law as Politics

Law as Politics Author David Dyzenhaus
ISBN-10 0822322447
Release 1998
Pages 318
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Articles previously published in the Canadian journal of law and jurisprudence.



The Oxford Handbook of Carl Schmitt

The Oxford Handbook of Carl Schmitt Author Senior Lecturer in International Relations Jens Meierhenrich
ISBN-10 9780199916931
Release 2017-01-09
Pages 848
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The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid antisemitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.



Dictatorship

Dictatorship Author Carl Schmitt
ISBN-10 9780745697147
Release 2015-01-28
Pages 288
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Now available in English for the first time, Dictatorship is Carl Schmitt’s most scholarly book and arguably a paradigm for his entire work. Written shortly after the Russian Revolution and the First World War, Schmitt analyses the problem of the state of emergency and the power of the Reichspräsident in declaring it. Dictatorship, Schmitt argues, is a necessary legal institution in constitutional law and has been wrongly portrayed as just the arbitrary rule of a so-called dictator. Dictatorship is an essential book for understanding the work of Carl Schmitt and a major contribution to the modern theory of a democratic, constitutional state. And despite being written in the early part of the twentieth century, it speaks with remarkable prescience to our contemporary political concerns.



Weimar

Weimar Author Arthur J. Jacobson
ISBN-10 0520236815
Release 2002
Pages 405
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"An important resource, it includes the most significant and influential texts representative of the political and conceptual diversity of the intellectual approaches of that time. . . . Very significant for contemporary debates about the relationship between state, law, and constitution."--Ulrich Karl Preuss, Freie Universität Berlin



Popular Sovereignty and the Crisis of German Constitutional Law

Popular Sovereignty and the Crisis of German Constitutional Law Author Peter C. Caldwell
ISBN-10 0822319888
Release 1997
Pages 300
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A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).



Gustav Stresemann

Gustav Stresemann Author Jonathan Wright
ISBN-10 9780191608469
Release 2004-09-16
Pages 576
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Gustav Stresemann was the exceptional political figure of his time. His early death in 1929 has long been viewed as the beginning of the end for the Weimar Republic and the opening through which Hitler was able to come to power. His career was marked by many contradictions but also a pervading loyalty to the values of liberalism and nationalism. This enabled him in time both to adjust to defeat and revolution and to recognize in the Republic the only basis on which Germans could unite, and in European cooperation the only way to avoid a new war. His attempt to build a stable Germany as an equal power in a stable Europe throws an important light on German history in a critical time. Hitler was the beneficiary of his failure but, so long as he was alive, Stresemann offered Germans a clear alternative to the Nazis. Jonathan Wright's fascinating new study is the first modern biography of Stresemann to appear in English or German.



The Executive Unbound

The Executive Unbound Author Eric A. Posner
ISBN-10 0199831750
Release 2011-03-16
Pages 256
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Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers. But there is nothing in our system of checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority straight through to the Obama presidency. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.