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Peter Uwe Hohendahl - Perilous Futures: On Carl Schmitts Late Writings

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Since his death, the writings of Carl Schmitt (18881985) have been debated, cited, and adopted by political and legal thinkers on both the left and right with increasing frequency, though not without controversy given Schmitts unwavering support for National Socialism before and during World War II. In Perilous Futures, Peter Uwe Hohendahl calls for critical scrutiny of Schmitts later writings, the work in which Schmitt wrestles with concerns that retain present-day relevance: globalization, asymmetrical warfare, and the shifting international order. Hohendahl argues that Schmitts work seems to offer solutions to these present-day issues, although the ambiguity of his beliefs means that Schmitts later work is a problematic guide.

Focusing on works Schmitt published after the warincluding The Nomos of the Earth, Theory of the Partisan and Political Theology IIas well as his posthumously published diaries, Hohendahl reads these works critically against the backdrop of their biographical and historical contexts, he charts the shift in Schmitts perspective from a German nationalist focus to a European and then international agenda, while attending to both the conceptual and theoretical continuities with his prewar work and addressing the tension between the specific circumstances in which Schmitt was writing and the later international appropriation. Crossing disciplines of history, political theory, international relations, German studies, and political philosophy, Hohendahl brings Schmitts later writings into contemporary discourse and forces us to reexamine what we believe about Carl Schmitt.

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PERILOUS FUTURES On Carl Schmitts Late Writings PETER UWE HOHENDAHL CORNELL - photo 1
PERILOUS FUTURES
On Carl Schmitts Late Writings
PETER UWE HOHENDAHL
CORNELL UNIVERSITY PRESS
ITHACA AND LONDON
CONTENTS
ACKNOWLEDGMENTS
The idea for this book emerged during the first decade of the new century when American foreign politics took an unexpected turn under the influence of neoconservative thought and its central protagonist Leo Strauss. In this context Carl Schmitt was discovered in the United States as a critical voice in the heated debate about the fate of international liberalism and the call for regime change as a way of spreading democracy abroad. Schmitts thought seemed to me to offer an answer to the vexed problems of American foreign policy. On closer scrutiny, however, I realized that Schmitts work, including his late writings, does not fit easily and smoothly into the mold of a progressive theory of democracy. Confronted with Schmitts late essays, I recognized that the link between Strauss and Schmitt is far more complex than one would have assumed by following the public debates of these years. This complexity was the challenge for this project. Where do we locate the late Schmitt on the theoretical map? It meant taking the late writings seriously as texts beyond their function in present controversies. Hence the central concern of this book was a close rereading of Schmitts texts.
Parts of the first chapter were previously published in German in Zeitschrift fr Germanistik (2016). The second chapter grew out of an article published in the volume Solitre und Netzwerker, edited by Peter Uwe Hohendahl and Erhard Schtz (2009). An earlier version of the fourth chapter was published in Constellations (2011), and chapter 5 is based on an essay published in 2008 in the electronic journal Konturen.
This book benefitted greatly from the encouragement and advice of many friends and colleagues, among them Paul Fleming, Wolfram Malte Fues, Isabel Hull, Manuel Kppen, Max Pensky, Bill Rasch, William Scheuerman, and Erhard Schtz. They provided critical feedback and respectively challenged my position through their own writings. In other instances, extensive discussions about Carl Schmitts controversial oeuvre helped me work out my own position. Their insights and judgments were greatly appreciated, even in those cases where I finally did not agree with them. Last, but not least, I want to thank Matteo Calla for translating the German text that became the basis of chapter 2 and Stephen Klemm for formatting and proofreading the entire manuscript.
ABBREVIATIONS
E
Carl Schmitt, Ex Captivitate Salus. Erfahrungen der Zeit 1945/47, 2nd ed. (Berlin: Duncker & Humblot, 2002).
G
Carl Schmitt, Glossarium: Aufzeichnungen aus den Jahren 19471951 (Berlin: Duncker & Humblot, 1991).
GRO
Carl Schmitt, The Groraum Order of International Law with a Ban on Intervention for Spatially-Foreign Powers: A Contribution to the Concept of Reich in International Law 19391941, trans. Timothy Nunan, in Carl Schmitt, Writings on War, ed. Timothy Nunan (New York: Polity, 2011), 75124.
IVA
Carl Schmitt, Das internationalrechtliche Verbrechen des Angriffskrieges und der Grundsatz Nullum crimen, nulla poena sine lege, ed. Helmut Quaritsch (Berlin: Duncker & Humblot, 1994).
LER
Carl Schmitt, Die Lage der europischen Rechtswissenschaft (Tbingen: Universittsverlag Tbingen, 1950).
N
Carl Schmitt, The Nomos of the Earth in the International Law of the Jus Publicum Europaeum, trans. G. L. Ulmen (New York: Telos, 2006).
PT
Carl Schmitt, Political Theology: Four Chapters on the Concept of Sovereignty, trans. George Schwab (Chicago: University of Chicago Press, 2005).
PT II
Carl Schmitt, Political Theology II: The Myth of the Closure of any Political Theology, trans. Michael Hoelzl and Graham Ward (Cambridge: Polity, 2008).
TP
Carl Schmitt, Theory of the Partisan: Intermediate Commentary on the Concept of the Political, trans. G. L. Ulmen (New York: Telos, 2007).
INTRODUCTION
When the jurist and political theorist Carl Schmitt bitterly complained in his postwar diaries that he was unfairly treated by the victorious Allies, he could not have anticipated the impact his thoughts would have on legal and political discourse in the very countries that had banned him from the public sphere in postwar Germany. Although shunned in 1945 for undermining the liberal regime of the Weimar Republic and then openly supporting National Socialism, Schmitt has today achieved international recognition for his approach to and use of the political. Although his theories are still controversial, they have become part of contemporary legal and political theory, and their reception is by no means limited to the political Right. Clearly, Carl Schmitt has morphed from a specifically German figure to a global phenomenon. In this new intellectual and political environment, much of the older criticism of Schmitts closeness to the Nazi regime has dropped out of sight, treated either as a minor offense or as irrelevant for the evaluation of his theoretical work.
Nonetheless, in this thoroughly transformed context, both his public role in Europe after World War II and his late writings must be reassessed because, looking at them from the vantage point of the twenty-first century, the relevance of his claims and arguments has changed. They have developed their own theoretical life, to varying degrees, without much regard for the original intentions of the author. It may be fair to say that Carl Schmitts international influence today is less due to the value of his ideas as a coherent theoretical system than as the result of their adoption within a number of overlapping global political and social discourses. In other words, Schmitt is internationally present in a variety of heterogeneous legal, political, and social debates in which his thinking is used for different and conflicting purposes.
The purpose of this book is to explicate Schmitts late work as part of a specific historical constellation and its importance for the present moment. By returning to Schmitts historical roots, my aim is to interrupt the seamless appropriation of his work, while acknowledging the historical distance that separates us from the mid-twentieth century, when Schmitt was rethinking his own positions in light of the collapse of Nazi Germany and the rising hegemony of the United States. I hope to underscore the need to reconstruct Schmitts work in order to better assess its present relevance, keeping in mind the tension between Schmitts intentions and the later reception. I therefore avoid two possible methodological approaches: first, attempting to systematize Schmitts late theory and, second, measuring it in abstract terms against the standard of competing contemporary political and legal theories. Instead, this book emphasizes the structure of his individual works, their rhetoric and composition as well as their language and style, thereby probing the text for its ambiguities and contradictions.
In doing so, this book also foregrounds the possibility of connecting and comparing Schmitts late work with a variety of competing theories and ideological positions that are not necessarily compatible with Schmitts own stance. It is precisely these ambiguities that a system- or dogma-oriented approach fails to recognize or acknowledge. Rather, such approaches tend to simplify Schmitts teaching in order to create sharp borderlines and contrast it with competing dogmatic systems. This, of course, may be done either in the interest of identifying with Schmitts position or with a polemic intent. Yet a polemic, as much as it may have been needed a generation ago, is not the purpose of
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