William E. Scheuerman - Carl Schmitt

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title	:	Carl Schmitt : The End of Law Twentieth Century Political Thinkers
author	:	Scheuerman, William E.
publisher	:	Rowman & Littlefield
isbn10 | asin	:	0847694178
print isbn13	:	9780847694174
ebook isbn13	:	9780585114378
language	:	English
subject	Schmitt, Carl,--1888- , Law--Philosophy.
publication date	:	1999
lcc	:	K230.S352S34 1999eb
ddc	:	340/.1
subject	:	Schmitt, Carl,--1888- , Law--Philosophy.

Page i Carl Schmitt

Page ii Twentieth-Century Political Thinkers Series Editors: Kenneth L. Deutsch and Jean Bethke Elshtain Raymond Aron: The Recovery of the Political by Brian C. Anderson, American Enterprise Institute Jacques Maritain: The Philosopher in Society by James V. Schall, Georgetown University Martin Buber: The Hidden Dialogue by Dan Avnon, Hebrew University of Jerusalem John Dewey: America's Philosopher of Democracy by David Fott, University of Nevada Simone Weil: The Way of Justice as Compassion by Richard H. Bell, The College of Wooster Gandhi: Struggling for Autonomy by Ronald J. Tercheck, University of Maryland at College Park Paul Ricoeur: The Promise and Risk of Politics by Bernard P. Dauenhauer, University of Georgia Carl Schmitt: The End of Law by William E. Scheuerman, University of Pittsburgh

Page iii CARL SCHMITT The End of Law WILLIAM E. SCHEUERMAN ROWMAN & LITTLEFIELD PUBLISHERS, INC. Lanham Boulder New York Oxford

Page iv ROWMAN & LITTLEFIELD PUBLISHERS, INC. Published in the United States of America by Rowman & Littlefield Publishers, Inc. 4720 Boston Way, Lanham, Maryland 20706 12 Hid's Copse Road Cumnor Hill, Oxford OX2 9JJ, England Copyright C 1999 by Rowman & Littlefield Publishers, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher. British Library Cataloguing in Publication Information Available Library of Congress Cataloging-in-Publication Data Scheuerman, William E., 1965 Carl Schmitt: the end of law / William E. Scheuerman. p. cm. (Twentieth-century political thinkers) Includes bibliographical references and index. ISBN 0-8476-9417-8 (cloth: alk. paper). ISBN 0-8476-9418-6 (pbk.: alk. paper) 1. Schmitt, Carl, 1888- . 2. Laws Philosophy. I. Title. II. Series. K230.S352S34 1999 340'.1 dc2198-37287 CIP Printed in the United States of America The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984.

Page v For Julia and her dreams

Page vii The doctrine has taken its place, if not as a received opinion, as one of the admitted sects or divisions of opinion: those who hold it have generally inherited, not adopted it; and conversion from one of these doctrines to another, being now an exceptional fact, occupies little place in the thoughts of their professors. Instead of being, as at first, constantly on the alert either to defend themselves against the world, or to bring the world over to them, they have subsided into acquiescence, and neither listen, when they can help it, to arguments against their creed, nor trouble dissentients (if there be such) with arguments in its favor. From this time may usually be dated the decline in the living power of the doctrine. JOHN STUART MILL, ON LIBERTY

Page ix CONTENTS Acknowledgments xi Introduction: Why Carl Schmitt? 1 Part One: The Jurisprudence of Lawlessness 1 The Crisis of Legal Indeterminacy 15 2 The Decay of Parliamentarism 39 3 The Critique of Liberal Constitutionalism 61

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