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Full Description
Scholarly and political interest in the work of the controversial 20th 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, Hans Morgenthau, 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.
Contents
Preface
Acknowledgments
Introduction: Why Carl Schmitt?
Part One: 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
Part Two: 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
Part Three: Carl Schmitt's Twenty-First Century
9. States of Emergency
10. Counterterrorism
11. States of Emergency Beyond the Nation State?
Conclusion: Carl Schmitt Now?
Notes
Index
