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December 20, 2005

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Kenneth Rufo

Thank you for this. Absolutely fascinating.

I don't know which is more terrible: Heidegger's horrific silence or Schmitt's arrogant posturing.

Phil

Thanks for the post. While I am only beginning to read Schmitt and having read Balakrishnan's work on Schmitt, I do think what is of interest is, in a Kierkegaardian parlance, Schmitt-in-becoming. According to Balakrishnan, Schmitt began as a supporter of Catholic Center Party, that is, an anti-liberal right-winger with sympathies towards the Italian fascists, under the disintegrating tendencies of the Weimar Republic. Given this starting point, the question becomes how does Schmitt move from this earlier position and with a disdain for the Nazis, to an official in the Nazi legal establishment (even if only for a few years at the beginning)? Is it mere opportunism? Balakrishnan clearly does not believe that Schmitt's positions can be reduced to this, although opportunism almost certainly played a role. I believe that his position would have to be reconstructed out of his starting points of the disintegrative tendencies of the Weimar Constitution and the inability for a stable rechtstaat to be formed out of private, yet political, organizations in an anarchic civil society (Church, trade unions, parties). Schmitt developed, in reaction to the course of events in Weimar, a strong preference for increasing the powers of the executive as the locus of sovereignty for the state. This state would be in a higher relationship to the rest of society, able to provide order through executive prerogative in the formation of law (as law and decree would effectively become identical). This is where the comparison with the Bush Administration's positions and Schmitt, I believe, is strongest. The legal reasoning of the administration, under a percieved state of emergency following 9/11, is to increase the prerogative of executive, at the expense of the judiciary and legislature, in order to ensure the survival of the state.

Jodi

Interesting. At the same time, no one has ever been able properly to respond to or answer in a convincing way Schmitt's critique of parliamentary democracy.

old

much thanks

old

... right, parliamentary democracy will never ever save us. To the alternatives!

Matt

As you know, Jodi, I think Derrida does make a convincing start, in Politics of Friendship (what say you, Ken), at least in casting some important doubt around the foundational friend/enemy distinction. Thanks very much for transcribing this, Craig.

Craig

(Despite my claim in my last comment, I haven't made it to the grocery store yet. Time for one more. Maybe two.)

I was a little annoyed with the post at Crooked Timber (oops: almost wrote "Crooked Sunday" -- maybe Mr. Kaufman wants to make that one too? "Long Timber" is likely too dirty) where Schmitt's 'main idea' was identified as the exception and not as the friend/enemy. It, clearly, is an identification made on the basis of, well, Agamben and ignores twenty-years of Schmitt Studies in the english speaking world where, of course, the friend/enemy distinction reigned supreme.

I'll be a stick in the mud: I don't think one concept has priority over the other, but, rather, the issue is how does the exception, enemy and the nomos (the third major concept) relate to one another in a given legal order? This is why I think Land and Sea and The Nomos of the Earth are much better than Political Theology and The Concept of the Political. Mind you, the two books on nomos are 'mature' works compared to the earlier ones.

Finally, we can't isolate the enemy, the exception, and the nomos from his attack on liberal democracy and representation. (The book on representation being nearly impossible to find.)

If I'm really ambitious and want to give to the world a wonderful present, I'll transcribe the Schmitt/Kojeve correspondence, most noteworthy for some dirty things Kojeve seems to say about Schmitt's daughter. Not sure if they were ever published or not. (I have a draft translation.) If they were published, it was likely in "Political Theory".

Adam Kotsko

How far does Schmitt's critique of parliamentary democracy apply to the United States? We don't have a parliamentary democracy, strictly speaking (or, arguably, loosely speaking).

Perhaps Schmitt's assessment depends on there being a situation in which a king was directly gotten rid of, but that is not really the case in the US, at least not in the same way it was true in the French revolution or in the gradual transformation of the monarch of England into a figurehead.

I'm not a Schmitt scholar by any means -- maybe he did a study of the American polity as well, but if he did, you'd think it'd be cited more.

old

Adam, I think we are probably pretty carelessly working with a hodge podge of state of exception stuff and critique of parlimentary democracy stuff. I assume that they are related to each other in Schmitt, but should be more careful. The state of exception stuff applies just fine and dandy to the U.S. (as shown by Agamben) which means trouble for parlimentary or U.S. style liberal democracy, but a more thorough look at Schmitt's critique with a view toward the U.S. is probably in order.

nnyhav

Having redefined 'American exceptionalism', shall we refer to it henceforth as the Bush Antinomistration?

Kent

I assume you mean the Cheney Antinomistration.

Say, what is that supposed to mean?

bj83r@yahoo.com

It's wrong to say that liberalism fails to take account of the exception. Hobbes, for instance, bases his entire Staatslehre on
the state of exception, ie the absence of order. In his Hobbes book Schmitt argues that this accounts for the weird combination of personalism and mechanism in Hobbes. Both the personalism (the decisionistic sovereign) and the mechanism (the state as machina machinarum) are built on the state of exception, which is related to the idea that the state is constructed. The liberal state as the machine that ensures the preservation of bare life is built on the exception. As a machine, it is not a political concept--it is not a friend or an enemy. Hence liberalism is not, according to Hobbes, a political doctrine, but instead an anti-politics. The antithesis of the liberal anti-politics is the rootless terrorist, who is equally as invisible.

As for the Schmitt/Strauss relation, they are agreed in this, that a world-wide liberal state is an abomination. Schmitt believes it would be a world of entertainment without politics and the possibility of struggle. Strauss agrees because Strauss too is an old European conservative, like Schmitt. In the exchange with Kojeve he sees it as a world in which biological engineering has obliterated natural inequality and turned everyone into a Phd (hence the Straussian phd's and their opposition to cloning (Kass, Fukuyama, Kristol, etc.) But the idea that the Straussians are all secretly Schmittians is, I think, false. They tend to think Strauss arrived in Chicago fully formed in 1948 and do not have much interest in the pre-US Strauss.

CR

Interesting, this:

Schmitt believes it would be a world of entertainment without politics and the possibility of struggle.

Where would I look for this, bj83r?

bj73R@yahoo.com

Look at Strauss's commentary on Concept of the Political.

Sebastian Barros

Giorgio Agamben "Stato de eccezione" might be useful to understand Schmitt's decisionism and its links to Bush admin.

nnyhav

Seen today on commuter train, homeward bound: Hispanic worker with a glossy from LaRouchePAC entitled Cheney's 'Schmittlerian' Drive to Dictatorship stuffed halfway down the front of his trousers.

Matt

Blogged before, but this review from one of the editors of n+1 may be of interest, especially to those who may have missed it.

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