Today, Michael Millerman looks at Carl Schmitt's “Appropriation/Distribution/Production: Toward a Proper Formulation of Basic Questions of any. Carl Schmitt's early career as an academic lawyer falls into the last on the foundations of international law culminated in The Nomos of the Biographical Sketch · Sovereignty and · Liberal Cosmopolitanism · Bibliography. Jump to Nomos of the Earth - Carl Schmitt was a fascist German jurist and political theorist. Schmitt wrote extensively about the effective wielding of Main interests: Politics; Jurisprudence; Constit.
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Liberalism, too, concerns itself with the carl schmitt nomos of the aspects of nomos ibid. Thus, at a very basic level, Schmitt is able to distinguish imperialism, socialism, and liberalism as each emphasizing some aspect of nomos, or ordering its meanings in a particular way.
He reinforces this aim at the end of his essay by relating his model to the question of world unity: Has appropriation really ceased?
Nomos of the Earth
The revolutionary governments relied heavily on dictatorial action to create a new situation of normality that would allow a new constitution to come into force. The revolutionary governments, like the absolutist sovereign, claimed the carl schmitt nomos to decide on the exception, but they did not claim to be sovereign.
Rather, they claimed to exercise the authority to decide on the exception in the name of the French people, even while they were ruling the French people by the use of dictatorial methods D — Sovereignty and dictatorship had become fused in the novel institution of sovereign dictatorship: A sovereign dictator is a dictator who does not defend an already existing constitution but attempts to create a new one and who does so not by his own authority but in the name of the people D — Sovereign dictatorship, in Schmitt's view, is an eminently democratic institution.
It can exist only where it has carl schmitt nomos possible to take a sovereign decision on the exception in the name of the people.
Sovereignty, Schmitt concludes, is not just compatible with democracy but central to it, as it is exercised whenever and wherever a democratic constitution is founded CT —10, —6; CPD The fact that a democratic constitution cannot endow a particular person with permanent sovereign authority does not entail that the possibility of a genuine sovereign decision on the exception has disappeared.
It merely implies that a decision on the exception in the democratic state must take the form of an exercise of the people's constituent power.
The Concept of the Political and the Critique of Liberalism The sovereign dictator has the power, in taking carl schmitt nomos decision on the exception, to set aside the positive legal and constitutional order in its entirety and to create a novel positive legal and constitutional order, together with a situation of social normality that fits it.
Carl Schmitt - Wikipedia
It follows that the sovereign dictator cannot base his claim to be acting in the name of the people on any kind of formal authorization. If the old constitution no longer exists and the new one is not yet in force, there is no formal procedure carl schmitt nomos generating a public will.
And yet, the sovereign dictator claims to exercise the constituent power of the people. What is more, the constitutional order he is to create is to be considered as legitimate since it rests on the people's right to give itself a constitution CT —9.
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Schmitt's view assumes that it is possible to speak of the existence of a people in advance of the creation of any positive constitutional framework.
Schmitt therefore has to explain what it means for a people to exist prior to any constitutional framework, and he has to give an account of how the people's political existence prior to any constitutional framework can ground a sovereign dictatorship.
Individuals may have personal enemies, but personal enmity is not a political phenomenon. Politics involves groups that face carl schmitt nomos as mutual enemies CP 28—9.
Two groups will find themselves carl schmitt nomos a situation of mutual enmity if and only if there is a possibility of war and mutual killing between them. Schmitt believes that political enmity can have many different origins. The political differs from other spheres carl schmitt nomos value in that it is not based on a substantive distinction of its own.
The ethical, for example, is based on a distinction between the morally good and the morally bad, the aesthetic on a distinction between the beautiful and the ugly, and the economical on a distinction between the profitable and the unprofitable.
The political distinction between friend and enemy is not reducible to these other distinctions or, for that matter, to any particular distinction — be it linguistic, ethnic, cultural, religious, etc.
Carl Schmitt the Fundamental Meanings of Nomos « Telos Press
It is possible, for instance, to be enemies with members of a hostile group whom one judges to carl schmitt nomos morally good. And it is equally possible not to be engaged in a relationship of mutual enmity with a group whose individual members one judges to be bad.
The same holds, Schmitt thinks, for all other substantive distinctions that may become markers of identity and difference. This is not to say, however, that one's conception of moral goodness or badness, for instance, will never play a role in a relationship of political enmity. Any distinction that can serve as a marker of collective identity and difference will acquire political quality if it has the power, in a concrete situation, to sort people into two opposing groups that are willing, if necessary, to fight against each other CP 37—8.