Carl Schmitt on Law and Liberalism

ISBN-13: 9783030571177 / Angielski / Twarda / 2020 / 131 str.

Christopher Adair-Toteff

Spis treści

1. Carl Schmitt's Philosophy

2. From Normal Justice to Exceptional Law: 1912-1919

3. Law, Politics, and Sovereignity: 1919-1923

4. Chaos Versus Dictator: 1923-1926 

5. Politics or Law: 1927-1928

6. Constitutional Issues: 1928-1931

7. Constitutional Chaos and Political Turmoil: 1930-1932

8. Schmitt and the Recovery of Law and Liberalism

O autorze

Christopher Adair-Toteff is a philosopher and social theorist. His primary focus has been on Max Weber, Ferdinand Tönnies, and Ernst Troeltsch. His recent books include Fundamental Concepts in Max Weber’s Sociology of Religion (2015) and Raymond Aron’s Philosophy of Political Responsibility (2019). He was editor of the Anthem companions to Tönnies and to Troeltsch and is co-editor with Joachim Stark for The Anthem Companion to Raymond Aron (2021). He is currently writing a book on Weber’s economic sociology.

Blurb

This book is an investigation into Carl Schmitt’s critical thinking regarding the alleged deficiencies he identified in modern liberalism. Noted jurist, constitutional scholar, and a fierce critic of liberalism and pluralism, Schmitt mounted a sustained attack on the defects of the Weimar constitution between 1916 and 1934, contending that what Germany needed was a strong decisive leader to maintain political unity. This book provides a concise and clear explanation of Schmitt’s disagreements with other constitutional scholars, from his time as a university graduate up until Hitler’s rise to power. Although these disagreements were couched in legal terminology, they represented political criticisms that went directly to the heart of modern democracy, culminating in Schmitt's defence of the Reich against Prussia in the constitutional crisis of 1932.

The book concludes with a strenuous defence of modern liberalism in response to the Schmittian critique. Thus, this book is not just an exploration of Carl Schmitt’s work, but a response to one of the harshest attacks on the modern liberal state, and a blueprint for a renewal of democracy, pluralism, and the rule of law.

Christopher Adair-Toteff is a philosopher and social theorist. His primary focus has been on Max Weber, Ferdinand Tönnies, and Ernst Troeltsch. His recent books include Fundamental Concepts in Max Weber’s Sociology of Religion (2015) and Raymond Aron’s Philosophy of Political Responsibility (2019). He was editor of the Anthem companions to Tönnies and to Troeltsch and is co-editor with Joachim Stark for The Anthem Companion to Raymond Aron (2021). He is currently writing a book on Weber’s economic sociology.