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He studied law at BerlinMunich and Strasbourg and took his graduation and state examinations in then-German Strasbourg during They were divorced, though an appeal to the Catholic Church for an annulment was rejected. Subsequently, Schmitt was excommunicated because his first marriage had not been annulled by the Church.

Carl Schmitt

She translated several works by her father into Spanish. Letters from Carl Schmitt to his son-in-law have also been published. Beliefs[ edit ] As a young man, Schmitt was "a devoted Catholic until his break with the church in the mid twenties. Rather, Schmitt should be understood as carrying an atheistic political-theological tradition to an extreme. Reich" in which the Social Democratic Party of Germany -controlled government of the state of Prussia disputed its dismissal by the right-wing Reich government of Franz von Papen.

Papen was motivated to do so because Prussia, by far the largest state in Germanyserved as a powerful base for the political left and provided it with institutional power, particularly in the form of the Prussian police.

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The court ruled in October that the Prussian government had been suspended unlawfully but that the Reich had the right to install a commissar. Hegel had set an ignominious precedent by according this putative universal class a position of preeminence in his political thought, insofar as the primacy of the bureaucracy tends to diminish or supplant the prerogative of sovereign authority.

Hugenberg reasoned that by doing so, the government would thereby be changed, and the Enabling Act would no longer apply, as the "present government" that had been would no longer exist. It was a legal opinion by Carl Schmitt which prevented this political maneuver from succeeding.

Schmitt, well known as a constitutional theorist, declared that "present government" did not refer to the specific make-up of the Cabinet when the Act was passed, but to the "completely different kind of government" — that is, different from the democracy of the Weimar Republic — which the Hitler cabinet had brought into existence.

Tombstone of Carl Schmitt, Catholic cemetery, Plettenberg-Eiringhausen Nevertheless, in Decemberthe Schutzstaffel SS publication Das schwarze Korps accused Schmitt of being an opportunist, a Hegelian state thinker, and a Catholic, and called his anti-semitism a mere pretense, citing earlier statements in which he criticized the Nazis' racial theories. Schmitt refused every attempt at de-nazificationwhich effectively barred him from academic jobs.

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Despite being isolated from the mainstream of the scholarly and political community, he continued his studies especially of international law from the s on, and he frequently received visitors, both colleagues and younger intellectuals, until well into his old age. InSchmitt gave lectures in Francoist Spaintwo of which resulted in the publication, the next year, of Theory of the Partisan Telos Press,in which he characterized the Spanish Civil War as a "war of national liberation" against "international Communism".

Schmitt regarded the partisan as a specific and significant phenomenon; during the latter half of the 20th century, indicated the emergence of a new theory of warfare. Schmitt died on 7 April and is buried in Plettenberg. In this essay, Schmitt compared and contrasted what he saw as the effective and ineffective elements of the new constitution of his country.

He saw the office of the president as a comparatively effective element, because of the power granted to the president to declare a state of exception Ausnahmezustand. This power, which Schmitt discussed and implicitly praised as dictatorial, [22] was more in line with the underlying mentality of executive power than the comparatively slow and ineffective processes of legislative power reached through parliamentary discussion and compromise. Schmitt was at pains to remove what he saw as a taboo surrounding the concept of "dictatorship" and to show that the concept is implicit whenever power is wielded by means other than the slow processes of parliamentary politics and the bureaucracy: If the constitution of a state is democratic, then every exceptional negation of democratic principles, every exercise of state power independent of the approval of the majority, can be called dictatorship.

Although the German concept of Ausnahmezustand is best translated as "state of emergency", it literally means " state of exception " which, according to Schmitt, frees the executive from any legal restraints to its power that would normally apply. The use of the term "exceptional" has to be underlined here: Schmitt defines sovereignty as the power to decide the instauration of state of exceptionas Giorgio Agamben has noted.

According to Agamben, [30] Schmitt's conceptualization of the "state of exception" as belonging to the core-concept of sovereignty was a response to Walter Benjamin 's concept of a "pure" or "revolutionary" violence, which did not enter into any relationship whatsoever with right.

This is how he theorized Hitler 's continual suspension of the legal constitutional order during the Third Reich the Weimar Republic 's Constitution was never abrogated, emphasized Giorgio Agamben; [31] rather, it was "suspended" for four years, first with the 28 February Reichstag Fire Decreewith the suspension renewed every four years, implying a continual state of emergency.

Political Theology[ edit ] On Dictatorship was followed by another essay intitled "Politische Theologie" political theology ; in it, Schmitt, who at the time was working as a professor at the University of Bonngave further substance to his authoritarian theories, analysing the concept of "free will" influenced by Christian-Catholic thinkers. The book begins with Schmitt's famous, or notorious, definition: Schmitt proposes this definition to those offered by contemporary theorists of sovereignty, particularly Hans Kelsenwhose work is criticized at several points in the essay.

The book's title derives from Schmitt's assertion in chapter 3 that "all significant concepts of the modern theory of the state are secularized theological concepts"—in other words, that political theory addresses the state and sovereignty in much the same manner as theology does God. A year later, Schmitt supported the emergence of totalitarian power structures in his paper "Die geistesgeschichtliche Lage des heutigen Parlamentarismus" roughly: Schmitt criticized the institutional practices of liberal politics, arguing that they are justified by a faith in rational discussion and openness that is at odds with actual parliamentary party politicsin which outcomes are hammered out in smoke-filled rooms by party leaders.

Schmitt also posits an essential division between the liberal doctrine of separation of powers and what he holds to be the nature of democracy itself, the identity of the rulers and the ruled. Although many critics of Schmitt today, such as Stephen Holmes in his The Anatomy of Anti-Liberalism, take exception to his fundamentally authoritarian outlook, the idea of incompatibility between liberalism and democracy is one reason for the continued interest in his political philosophy.

The Concept of the Political[ edit ] Schmitt changed universities inwhen he became professor of law at the Handelshochschule in Berlinand again inwhen he accepted a position in Cologne. While churches are predominant in religion or society is predominant in economics, the state is predominant in politics. Yet for Schmitt the political was not an autonomous domain equivalent to the other domains, but rather the existential basis that would determine any other domain should it reach the point of politics e.

The political is not equal to any other domain, such as the economic which distinguishes between profitable and not profitablebut instead is the most essential to identity.

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Schmitt, in perhaps his best-known formulation, bases his conceptual realm of state sovereignty and autonomy upon the distinction between friend and enemy.

This distinction is to be determined "existentially", which is to say that the enemy is whoever is "in a specially intense way, existentially something different and alien, so that in the extreme case conflicts with him are possible. Although there have been divergent interpretations concerning this work, there is broad agreement that "The Concept of the Political" is an attempt to achieve state unity by defining the content of politics as opposition to the "other" that is to say, an enemy, a stranger.

This applies to any person or entity that represents a serious threat or conflict to one's own interests. Additionally, the prominence of the state stands as a neutral force dominating potentially fractious civil society, whose various antagonisms must not be allowed to affect politics, lest civil war result.

Dialogue with Leo Strauss[ edit ] Schmitt's positive reference for Leo Straussand Schmitt's approval of his work, had been instrumental in winning Strauss the scholarship funding that allowed him to leave Germany. Writing to Schmitt duringStrauss summarized Schmitt's political theology thus: But dominion can be established, that is, men can be unified only in a unity against—against other men.

Every association of men is necessarily a separation from other men Nomos of the Earth[ edit ] The Nomos of the Earth is Schmitt's most historical and geopolitical work. Published init was also one of his final texts. It describes the origin of the Eurocentric global order, which Schmitt dates from the discovery of the New Worlddiscusses its specific character and its contribution to civilization, analyses the reasons for its decline at the end of the 19th century, and concludes with prospects for a new world order.

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