Until the publication of this pathbreaking book, most scholarly studies of Carl Schmitt offered an oversimplistic, apologetic account of Schmitt's intellectual and political sympathies to Nazi fascism, or they crudely criticized his ideas by caricaturing them. In this full-length study in English of Germany's most influential authoritarian right-wing political and legal thinker, award-winning political theorist William E. Scheuerman examines in close detail the profound impact of Schmitt's critique of the liberal rule of law, and he describes how Schmitt's understanding of liberal jurisprudence led him to embrace National Socialism as a viable alternative to the perceived pathologies of the liberal rule of law. Scheuerman illustrates how, in the aftermath of World War II, influential political theorists, particularly Schumpter, Hayek, and Morgenthau, imported Schmitt's ideas into American political discourse. Although none of these writers were followers of Schmitt, each one engaged in a "hidden dialogue" with him that shaped important facets of the intellectual discourse in postwar America. Carl Schmitt is an original, engaging study that will be of great value to political theorists and those interested in twentieth-century intellectual history and political philosophy.
William E. Scheuerman is associate professor of political science at the University of Minnesota and the author of Between the Norm and the Exception: The Frankfurt School and The Rule of Law (MIT) and The Rule of Law Under Siege (California).
Chapter 1 Acknowledgements Chapter 2 Introduction: Why Carl Schmitt? Part 3 The Jurisprudence of Lawlessness Chapter 4 The Crisis of Legal Indeterminancy Chapter 5 The Decay of Parliamentarism Chapter 6 The Critique of Liberal Constitutionalism Chapter 7 The Total State Chapter 8 After Legal Indeterminancy? Chapter 9 Indeterminacy and International Law Chapter 10 Epilogue to Part One: Carl Schmitt in the Aftermath of the German Catastrophe Part 11 Carl Schmitt in America Chapter 12 Carl Schmitt and the Origins of Joseph Schumpeter's Theory of Democratic Elitism Chapter 13 The Unholy Alliance of Carl Schmitt and Friedrich A. Hayek Chapter 14 Another Hidden Dialogue — Carl Schmitt and Hans Morgenthau Chapter 15 Conclusion: After Carl Schmitt? Chapter 16 Bibliography Chapter 17 Notes Chapter 18 Index Chapter 19 About the Author
Scheuerman's book successfully debunks Schmitt's and his apologists' pretensions while illuminating Schmitt's critiques of liberal democracy and the rule of law. Scheuerman's argument is compelling.