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.
William E. Scheuerman is Professor of Political Science and International Studies at Indiana University.
PrefaceAcknowledgments Introduction: Why Carl Schmitt? Part One: The Jurisprudence of Lawlessness1. 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 Part Two: Carl Schmitt in America7. Carl Schmitt and the Origins of Joseph Schumpeter’s Theory of Democratic Elitism 8. The Unholy Alliance of Carl Schmitt and Friedrich A. Hayek Part Three: Carl Schmitt’s Twenty-First Century 9. States of Emergency10. Counterterrorism11. States of Emergency Beyond the Nation State?Conclusion: Carl Schmitt Now?Notes Index
Twenty years ago, Scheuerman’s account of Schmitt’s political theory questioned the political consequences of CLS and other radical criticisms of the tradition of democratic legalism. The new chapters for this much-needed second edition take the argument further, showing how Schmitt’s ideas of emergency and sovereignty undermined law and democracy in the name of one-man, patriarchal rule.