Carl Schmitt

Carl Schmitt
Born 11 July 1888
Plettenberg, Westphalia, Prussia
Died 7 April 1985 (aged 96)
Plettenberg, North Rhine-Westphalia, West Germany
Era 20th-century philosophy
Region Western Philosophy
School
Main interests
Notable ideas
 State of exception, friend–enemy distinction, borderline concept

Carl Schmitt (German: [ʃmɪt]; 11 July 1888 – 7 April 1985) was a German philosopher, jurist and political theorist. Schmitt is a major figure in 20th century legal and political theory, writing extensively on the effective wielding of political power. His work has been a major influence on subsequent political theory, legal theory, continental philosophy and political theology in the 20th century and beyond.

Schmitt's work has attracted the attention of numerous philosophers and political theorists, including Walter Benjamin, Leo Strauss, Jürgen Habermas, Friedrich Hayek,[2] Jacques Derrida, Hannah Arendt, Susan Buck-Morss, Giorgio Agamben, Jaime Guzman, Antonio Negri and Slavoj Žižek among many others. Much of his work remains both influential and controversial today in light of his association with Nazism, for which he is known as the "crown jurist of the Third Reich".[3]

Biography

Early years

Schmitt, whose father was a minor businessman, was the son of Roman Catholic parents from the German Eifel region who settled in Plettenberg, Westphalia. He studied law in Berlin, Munich and Strasbourg and took his graduation and state exams in the then-German Strasbourg in 1915.[4] He volunteered for the army in 1916.[4] The same year, he earned his habilitation in Strasbourg. He taught at various business schools and universities in Munich, Greifswald, Bonn, Berlin and Cologne.

In 1916, Schmitt married his first wife, Pavla (in Germany usually rendered as "Pawla" even though the letter "w" is used in the Serbian auxiliary Latin alphabet only for foreign words) Dorotić,[5] a Serbian woman who pretended to be a countess. They were divorced although an appeal to the Church for an annulation was rejected. In 1926 he married his second wife, Duška Todorović (1903–1950), also Serbian; they had one daughter, called Anima. Subsequently Schmitt was excommunicated because his first marriage had not been annulled by the Church.[5] His daughter Anima Schmitt de Otero (1931–1983) was married, from 1957, to Alfonso Otero Valera (1925–2001), a Spanish law professor at the University of Santiago de Compostela and a member of the ruling Spanish Falange party under the Franco régime. She translated several works by her father into Spanish. Letters from Carl Schmitt to his son-in-law have also been published.

Beliefs

As a young man, Schmitt was "a devoted Catholic until his break with the church in the mid twenties."[6] From around the end of the First World War he began to describe his Catholicism as "displaced" and "de-totalised".[7] Consequently, Gross argues that his work "cannot be reduced to Roman Catholic theology given a political turn. Rather, Schmitt should be understood as carrying an atheistic political-theological tradition to an extreme."[8]

The case "Preussen contra Reich"

Apart from his academic functions, in 1932 Schmitt was counsel for the Reich government in the case "Preussen contra Reich" wherein the SPD-led government of the state of Prussia disputed its dismissal by the right-wing von Papen government. Papen was motivated to make this move because Prussia, by far the largest state in Germany, served as a powerful base upon which the political left could draw, and also provided them with institutional power, particularly in the form of the Prussian Police. Schmitt, Carl Bilfinger and Erwin Jacobi represented the Reich[9] and one of the counsel for the Prussian government was Hermann Heller. The court ruling on October 1932 was that the Prussian government had been unlawfully suspended but the Reich had the right to install a commissar.[9] In German history, this struggle leading to the de facto destruction of federalism in the Weimar republic is known as the "Preußenschlag."

Nazi period

Schmitt remarked on 31 January 1933 that with Hitler's appointment "one can say that 'Hegel died.'"[10] Richard Wolin observes:

it is Hegel qua philosopher of the "bureaucratic class" or Beamtenstaat that has been definitely surpassed with Hitler's triumph. ... this class of civil servants—which Hegel in the Rechtsphilosophie deems the "universal class"—represents an impermissible drag on the sovereignty of executive authority. For Schmitt … the very essence of the bureaucratic conduct of business is reverence for the norm, a standpoint that could not but exist in great tension with the doctrines of Carl Schmitt. ... Hegel had set an ignominious precedent by according this putative universal class a position of preeminence in his political thought, insofar as the primacy of the bureaucracy tends to diminish or supplant the prerogative of sovereign authority.[11]

Schmitt joined the Nazi Party on 1 May 1933.[12] Within days of joining the party, Schmitt was party to the burning of books by Jewish authors, rejoicing in the burning of "un-German" and "anti-German" material, and calling for a much more extensive purge, to include works by authors influenced by Jewish ideas.[13] In July, he was appointed State Councillor for Prussia (Preußischer Staatsrat) by Hermann Göring and became the president of the Vereinigung nationalsozialistischer Juristen ("Union of National-Socialist Jurists") in November. He also replaced Hermann Heller as professor at the University of Berlin[14] (a position he held until the end of World War II). He presented his theories as an ideological foundation of the Nazi dictatorship, and a justification of the Führer state with regard to legal philosophy, in particular through the concept of auctoritas.

"San Casciano", home of Carl Schmitt in Plettenberg-Pasel from 1971 until 1985

Six months later, in June 1934, Schmitt was appointed editor-in-chief of the Nazi news organ for lawyers, the Deutsche Juristen-Zeitung ("German Jurists' Journal").[15] In July 1934, he published in it "The Leader Protects the Law (Der Führer schützt das Recht)", a justification of the political murders of the Night of the Long Knives with the authority of Hitler as the "highest form of administrative justice (höchste Form administrativer Justiz)".[16] Schmitt presented himself as a radical anti-semite and also was the chairman of a law teachers' convention in Berlin in October 1936,[17] where he demanded that German law be cleansed of the "Jewish spirit (jüdischem Geist)", going so far as to demand that all publications by Jewish scientists should henceforth be marked with a small symbol.

Tombstone of Carl Schmitt, catholic cemetery, Plettenberg-Eiringhausen

Nevertheless, in December 1936, the SS publication Das schwarze Korps accused Schmitt of being an opportunist, a Hegelian state thinker, and basically a Catholic, and called his anti-semitism a mere pretense, citing earlier statements in which he criticized the Nazis' racial theories. After this, Schmitt resigned from his position as "Reichsfachgruppenleiter" (Reich Professional Group Leader), although he retained his post as a professor in Berlin, and his post as "Preußischer Staatsrat". Although Schmitt continued to be investigated into 1937, further reprisals were stopped by Göring.[18][19]

Post–World War II

In 1945, Schmitt was captured by American forces and, after spending more than a year in an internment camp, he returned to his home town of Plettenberg following his release in 1946, and later to the house of his housekeeper Anni Stand in Plettenberg-Pasel. Schmitt refused every attempt at de-nazification, which effectively barred him from positions in academia. Despite being isolated from the mainstream of the scholarly and political community, he continued his studies especially of international law from the 1950s on, and he received a never-ending stream of visitors, both colleagues and younger intellectuals, until well into his old age. Important among these visitors were Ernst Jünger, Jacob Taubes and Alexandre Kojève.

In 1962, Schmitt gave lectures in Francoist Spain, two of them giving rise to the publication, the following year, of Theory of the Partisan (Telos Press, 2007), in which he qualified the Spanish Civil War as a "war of national liberation" against "international Communism." Schmitt regarded the partisan as a specific and significant phenomenon that, in the latter half of the 20th century, indicated the emergence of a new theory of warfare.

Schmitt died on 7 April 1985 and is buried in Plettenberg.

Work

On Dictatorship

In 1921, Schmitt became a professor at the University of Greifswald, where he published his essay Die Diktatur (on dictatorship), in which he discussed the foundations of the newly established Weimar Republic, emphasising the office of the Reichspräsident. In this essay, Schmitt compared and contrasted what he saw as the effective and ineffective elements of the new constitution of his country. To him, the office of the president could be characterized as a comparatively effective element within the new constitution, because of the power granted to the president to declare a state of emergency. This power, which Schmitt discussed and implicitly praised as dictatorial,[16] was seen as more in line with the underlying mentality of political power than the comparatively slow and ineffective processes of legislative political power reached through parliamentary discussion and compromise.

Schmitt was at pains to remove what he saw as a taboo surrounding the concept of "dictatorship" and to show that, in his eyes, the concept is implicit whenever power is wielded through pathways outside the slow processes of parliamentary politics and the bureaucracy:

"If the constitution of a state is democratic, then every exceptional negation of democratic principles, every exercise of state power independent of the approval of the majority, can be called dictatorship."

For Schmitt, every government capable of decisive action must include a dictatorial element within its constitution. Although the German concept of Ausnahmezustand is best translated as "state of emergency", it literally means state of exception which, according to Schmitt, frees the executive from any legal restraints to its power that would normally apply. The use of the term "exceptional" has to be underlined here: Schmitt defines sovereignty as the power to decide the instauration of state of exception, as Giorgio Agamben has noted. According to Agamben,[20] Schmitt's conceptualization of the "state of exception" as belonging to the core-concept of sovereignty was a response to Walter Benjamin's concept of a "pure" or "revolutionary" violence, which did not enter into any relationship whatsoever with right. Through the state of exception, Schmitt included all types of violence under right, in the case of the authority of Hitler leading to the formulation "The leader defends the law" ("Der Führer schützt das Recht").[16]

Schmitt opposed what he called "commissarial dictatorship", or the declaration of a state of emergency in order to save the legal order (a temporary suspension of law, defined itself by moral or legal right): the state of emergency is limited (even if a posteriori, by law) to "sovereign dictatorship", in which law was suspended, as in the classical state of exception, not to "save the Constitution", but rather to create another Constitution. This is how he theorized Hitler's continual suspension of the legal constitutional order during the Third Reich (the Weimar Republic's Constitution was never abrogated, underlined Giorgio Agamben;[21] rather, it was "suspended" for four years, first with the 28 February 1933 Reichstag Fire Decree, with the suspension renewed every four years, implying a continual state of emergency).

The direction all this leads, and the reason why Schmitt has been taken so seriously by political theory, is to the theorisation of the crisis and state of emergency not as exceptional moments in political life, opposed to some stable normality, but as themselves the predominant form of the life of modern nations.

Political Theology

On Dictatorship was followed by another essay in 1922, titled "Politische Theologie" (political theology); in it, Schmitt, who at the time was working as a professor at the University of Bonn, gave further substance to his authoritarian theories, analysing the concept of "free will" influenced by Christian-Catholic thinkers. The book begins with Schmitt's famous, or notorious, definition: "Sovereign is he who decides on the exception." By "exception," Schmitt means the appropriate moment for stepping outside the rule of law in the public interest. (See discussion of On Dictatorship above.) Schmitt proposes this definition to those offered by contemporary theorists of sovereignty, particularly Hans Kelsen, whose work is criticized at several points in the essay.

The book's title derives from Schmitt's assertion (in chapter 3) that "all significant concepts of the modern theory of the state are secularized theological concepts" —in other words, that political theory addresses the state (and sovereignty) in much the same manner as theology does God.

A year later, Schmitt supported the emergence of totalitarian power structures in his paper "Die geistesgeschichtliche Lage des heutigen Parlamentarismus" (roughly: "The Intellectual-Historical Situation of Today's Parliamentarianism", translated as The Crisis of Parliamentary Democracy by Ellen Kennedy). Schmitt criticized the institutional practices of liberal politics, arguing that they are justified by a faith in rational discussion and openness that is at odds with actual parliamentary party politics, in which outcomes are hammered out in smoke-filled rooms by party leaders. Schmitt also posits an essential division between the liberal doctrine of separation of powers and what he holds to be the nature of democracy itself, the identity of the rulers and the ruled. Although many critics of Schmitt today, such as Stephen Holmes in his The Anatomy of Anti-Liberalism, take exception to his fundamentally authoritarian outlook, the idea of incompatibility between liberalism and democracy is one reason for the continued interest in his political philosophy.[22]

The Concept of the Political

Schmitt changed universities in 1926, when he became professor of law at the Handelshochschule in Berlin, and again in 1932, when he accepted a position in Cologne. It was from lectures at the Deutsche Hochschule für Politik in Berlin that he wrote his most famous paper, "Der Begriff des Politischen" ("The Concept of the Political"), in which he developed his theory of "the political".[23] Distinct from party politics, "the political" is the essence of politics. While churches are predominant in religion or society is predominant in economics, the state is predominant in politics. Yet for Schmitt the political was not an autonomous domain equivalent to the other domains, but rather the existential basis that would determine any other domain should it reach the point of politics (e.g. religion ceases to be merely theological when it makes a clear distinction between the "friend" and the "enemy"). The political is not equal to any other domain, such as the economic, but instead is the most essential to identity.

Schmitt, in perhaps his best-known formulation, bases his conceptual realm of state sovereignty and autonomy upon the distinction between friend and enemy. This distinction is to be determined "existentially," which is to say that the enemy is whoever is "in a specially intense way, existentially something different and alien, so that in the extreme case conflicts with him are possible." (Schmitt, 1996, p. 27) Such an enemy need not even be based on nationality: so long as the conflict is potentially intense enough to become a violent one between political entities, the actual substance of enmity may be anything.

Although there have been divergent interpretations concerning this work, there is broad agreement that "The Concept of the Political" is an attempt to achieve state unity by defining the content of politics as opposition to the "other" (that is to say, an enemy, a stranger. This applies to any person or entity that represents a serious threat or conflict to one's own interests.) In addition, the prominence of the state stands as a neutral force over potentially fractious civil society, whose various antagonisms must not be allowed to reach the level of the political, lest civil war result.

Dialogue with Leo Strauss

Some of the letters between Schmitt and Strauss have been published. Schmitt's highly positive reference for Leo Strauss, and Schmitt's approval of his work, had been instrumental in winning Strauss the scholarship funding that allowed him to leave Germany.[24] In turn, Strauss's critique and clarifications of The Concept of the Political led Schmitt to make significant emendations in its second edition. Writing to Schmitt in 1932, Strauss summarised Schmitt's political theology thus: "[B]ecause man is by nature evil, he therefore needs dominion. But dominion can be established, that is, men can be unified only in a unity against – against other men. Every association of men is necessarily a separation from other men... the political thus understood is not the constitutive principle of the state, of order, but a condition of the state."[25]

Nomos of the Earth

The Nomos of the Earth is Schmitt's most historical and geopolitical work. Published in 1950, it was also one of his final texts. It describes the origin of the Eurocentric global order, which Schmitt dates from the discovery of the New World, discusses its specific character and its contribution to civilisation, analyses the reasons for its decline at the end of the 19th century, and concludes with prospects for a new world order. It defends European achievements, not only in creating the first truly global order of international law, but also in limiting war to conflicts among sovereign states, which, in effect, civilised war. In Schmitt's view, the European sovereign state was the greatest achievement of Occidental rationalism; in becoming the principal agency of secularisation, the European state created the modern age.

Notable in Schmitt's discussion of the European epoch of world history is the role played by the New World, which ultimately replaced the old world as the centre of the Earth and became the arbiter in European and world politics. According to Schmitt, the United States' internal conflicts between economic presence and political absence, between isolationism and interventionism, are global problems, which today continue to hamper the creation of a new world order. But however critical Schmitt is of American actions at the turn of the 20th century and after World War I, he considered the United States to be the only political entity capable of resolving the crisis of global order.

Hamlet or Hecuba

Published in 1956, Hamlet or Hecuba: The Intrusion of the Time into the Play was Schmitt's most extended piece of literary criticism. In it Schmitt focuses his attention on Shakespeare's Hamlet and argues that the significance of the work hinges on its ability to integrate history in the form of the taboo of the queen and the deformation of the figure of the avenger. Schmitt uses this interpretation to develop a theory of myth and politics that serves as a cultural foundation for his concept of political representation. Beyond literary criticism or historical analysis, Schmitt's book also lays out a comprehensive theory of the relationship between aesthetics and politics that responds to alternative ideas developed by Walter Benjamin and Theodor W. Adorno.

Theory of the Partisan

Schmitt's Theory of the Partisan originated in two lectures delivered in 1962,[26] and has been seen as a rethinking of The Concept of the Political.[27] It addressed the transformation of war in the post-European age, analysing a specific and significant phenomenon that ushered in a new theory of war and enmity. It contains an implicit theory of the terrorist, which in the 21st century has ushered in yet another new theory of war and enmity. In the lectures, Schmitt directly tackles the issues surrounding "the problem of the Partisan" figure: the guerrilla or revolutionary who "fights irregularly" (pg. 3).[28] Both because of its scope, with extended discussions on historical figures like Napoleon Bonaparte, Vladimir Lenin and Mao Zedong, as well as the events marking the beginning of the 21st century, Schmitt's text has had a resurgence of popularity. Jacques Derrida, in his Politics of Friendship remarked:

Despite certain signs of ironic distrust in the areas of metaphysics and ontology, The Concept of the Political was, as we have seen, a philosophical type of essay to 'frame' the topic of a concept unable to constitute itself on philosophical ground. But in Theory of the Partisan, it is in the same areas that the topic of this concept is both radicalised and properly uprooted, where Schmitt wished to regrasp in history the event or node of events that engaged this uprooting radicalisation, and it is precisely there that the philosophical as such intervenes again.[29]

Schmitt concludes Theory of the Partisan with the statement: "The theory of the partisan flows into the question of the concept of the political, into the question of the real enemy and of a new nomos of the earth."[30]

Influence

Through Giorgio Agamben, Chantal Mouffe and other writers, Carl Schmitt has become a common reference in recent writings of the intellectual left as well as the right.[31] This debate concerns not only the interpretation of Schmitt's own positions, but also matters relevant to contemporary politics: the idea that laws of the state cannot strictly limit actions of its sovereign, the problem of a "state of exception" (later expanded upon by Agamben).[32]

Schmitt's influence has also recently been seen as consequential for those interested in contemporary political theology, which is much influenced by Schmitt's argument that political concepts are secularised theological concepts. The German-Jewish philosopher Jacob Taubes, for example, engaged Schmitt widely in his study of Saint Paul, The Political Theology of Paul (Stanford Univ. Press, 2004). Taubes' understanding of political theology is, however, very different from Schmitt's, and emphasises the political aspect of theological claims, rather than the religious derivation of political claims.

Schmitt is described as a "classic of political thought" by Herfried Münkler,[33] while in the same article Münkler speaks of his post-war writings as reflecting an: "embittered, jealous, occasionally malicious man" ("verbitterten, eifersüchtigen, gelegentlich bösartigen Mann"). Schmitt was termed the "Crown Jurist of the Third Reich" ("Kronjurist des Dritten Reiches") by Waldemar Gurian.

Timothy D. Snyder has asserted that Schmitt's work has heavily influenced Eurasianist philosophy in Russia by outlining a counterweight to the liberal order.[34]

Neoconservatism

Further information: Neoconservatism

Some have argued that neoconservativism has been influenced by Schmitt.[35] Most notably the legal opinions offered by Alberto Gonzales, John Yoo et al. by invoking the unitary executive theory to justify highly controversial policies in the war on terror—such as introducing unlawful combatant status which purportedly would eliminate protection by the Geneva Conventions,[36] enhanced interrogation techniques, NSA electronic surveillance program—mimic his writings.[35] Professor David Luban had indicated that "[a] Lexis search reveals five law review references to Schmitt between 1980 and 1990; 114 between 1990 and 2000; and 420 since 2000, with almost twice as many in the last five years as the previous five".[37]

Bibliography

English translations of Carl Schmitt

Note: a complete bibliography of all English translations of Schmitt's books, articles, essays, and correspondence is available here.

Works in German

Secondary literature

See also

References

  1. ↑ Hooker, William (2009-11-12). Carl Schmitt's International Thought: Order and Orientation. Cambridge University Press. p. 204. ISBN 9781139481847. Retrieved 5 September 2014.
  2. ↑ William E. Scheuerman, Carl Schmitt: The End of Law, Rowman & Littlefield, 1999, p. 209.
  3. ↑ Carl Schmitt's Concept of the Political, Charles E. Frye, The Journal of Politics, Vol. 28, No. 4 (Nov., 1966), pp. 818-830, Cambridge University Press
  4. ↑ 4.0 4.1 Claudia Koonz, The Nazi Conscience, p 56 ISBN 0-674-01172-4
  5. ↑ 5.0 5.1 Claudia Koonz, The Nazi Conscience, p. 57 ISBN 0-674-01172-4
  6. ↑ McCormick, John P. Carl Schmitt's Critique of Liberalism: Against Politics as Technology. 1st pbk. ed. Cambridge: Cambridge University Press, 1999:86–87.
  7. ↑ Müller, Jan-Werner. A Dangerous Mind: Carl Schmitt in Post-War European Thought. New Haven: Yale University Press, 2003:xxix.
  8. ↑ Gross, Raphael. Carl Schmitt and the Jews: The Jewish Question, the Holocaust, and German Legal Theory. Madison: University of Wisconsin Press, 2007: 97.
  9. ↑ 9.0 9.1 Balakrishnan, Gopal (2000). The Enemy. Verso. pp. 168–69. ISBN 1-85984-760-9.
  10. ↑ Balakrishnan (2000), p187
  11. ↑ Wolin, Richard (1992). "Carl Schmitt: The Conservative Revolutionary Habitus and the Aesthetics of Horror". Political Theory (3): 424–5.
  12. ↑ Claudia Koonz, The Nazi Conscience, p 58 ISBN 0-674-01172-4
  13. ↑ Claudia Koonz, The Nazi Conscience, p 59 ISBN 0-674-01172-4
  14. ↑ Balakrishnan (2000), p 183-4
  15. ↑ http://www.flechsig.biz/DJZ34_CS.pdf german original as pdf
  16. ↑ 16.0 16.1 16.2 Deutsche Juristen-Zeitung, 38, 1934; trans. as "The Führer Protects Justice" in Detlev Vagts, Carl Schmitt's Ultimate Emergency: The Night of the Long Knives (2012) 87(2) The Germanic Review 203.
  17. ↑ Claudia Koonz, The Nazi Conscience, p 207 ISBN 0-674-01172-4
  18. ↑ Bendersky, Joseph, W., Theorist For The Reich, 1983, Princeton, New Jersey
  19. ↑ Noack, Paul, Carl Schmitt – Eine Biographie, 1996, Frankfurt
  20. ↑ State of Exception (2005), pp. 52–55.
  21. ↑ Agamben, Homo Sacer: Sovereign Power and Bare Life, p. 168. On the February 28, 1933 decree of the Ausnahmezustand (state of exception), Agamben notes that this very term was conspicuously absent: "The decree remained de facto in force until the end of the Third Reich... The state of exception thus ceases to be referred to as an external and provisional state of factual danger and comes to be confused with juridical rule itself."
  22. ↑ William E. Scheuerman, "Survey Article: Emergency Powers and the Rule of Law after 9/11", The Journal of Political Philosophy, Volume 14, No. 1, 2006, pp. 61–84.
  23. ↑ Gottfried, Paul (1990). Carl Schmitt. Claridge Press. p. 20. ISBN 1-870626-46-X.
  24. ↑ Carl Schmitt and Leo Strauss: the hidden dialogue, Heinrich Meier, University of Chicago Press 1995, 123
  25. ↑ Carl Schmitt and Leo Strauss: the hidden dialogue, Heinrich Meier, University of Chicago Press 1995, 125
  26. ↑ Schmitt, Carl (2004). "Theory of the Partisan: Intermediate Commentary on the Concept of the Political (1963)". Telos (127): 11.
  27. ↑ Hoelzl, Michael; Ward, Graham (2008). Editors' introduction to Political Theology II. Polity. p. 4. ISBN 978-0-7456-4254-3.
  28. ↑ http://www.telospress.com/main/index.php?main_page=product_info&products_id=318
  29. ↑ Derrida, Jacques (1997). The Politics of Friendship. Verso. p. 146. ISBN 1-84467-054-6.
  30. ↑ Schmitt, Carl (2004). "Theory of the Partisan: Intermediate Commentary on the Concept of the Political (1963)". Telos (127): 78.
  31. ↑ See for example Lebovic, Nitzan (2008), "The Jerusalem School: The Theo-Political Hour," New German Critique (103), 97–120.
  32. ↑
  33. ↑ Herfried Münkler, Erkenntnis wächst an den Rändern – Der Denker Carl Schmitt beschäftigt auch 20 Jahre nach seinem Tod Rechte wie Linke, in Die Welt, 7 April 2005
  34. ↑ Snyder, Timothy (20 March 2014). "Fascism, Russia, and Ukraine". The New York Review of Books. Retrieved 5 September 2014.
  35. ↑ 35.0 35.1 Legal justification
  36. ↑ War crimes warning
  37. ↑ David Luban, "Carl Schmitt and the Critique of Lawfare", Georgetown Public Law and Legal Theory Research Paper No. 11-33, p. 10

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