The End Of Law: Carl Schmitt In The Twenty-First Century

Description

Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism. Introduction: Why Carl Schmitt? -- pt. 1. The Jurisprudence of Lawlessness -- 1. The Crisis of Legal Indeterminacy -- 2. The Decay of Parliamentarism -- 3. The Critique of Liberal Constitutionalism -- 4. The Total State -- 5. After Legal Indeterminacy? -- 6. Indeterminacy and International Law -- Epilogue to Part One: Carl Schmitt in the Aftermath of the German Catastrophe -- pt. 2. Carl Schmitt in America -- 7. Carl Schmitt and the Origins of Joseph Schumpeter's Theory of Democratic Elitism -- 8. The Unholy Alliance of Carl Schmitt and Friedrich A. Hayek -- 9. Another Hidden Dialogue -- Carl Schmitt and Hans Morgenthau -- Conclusion: After Carl Schmitt?