20th Century German Philosophy, Law, Philosophy of, Legal Theory & Philosophy - General & Miscellaneous, Fascism - General & Miscellaneous

Carl Schmitt

Name: Carl Schmitt
Author: William E. Scheuerman
ISBN: 9780847694174

by William E. Scheuerman

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Overview

Until the publication of this pathbreaking book, most scholarly studies of Carl Schmitt offered an oversimplistic, apologetic account of Schmitt's intellectual and political sympathies to Nazi fascism, or they crudely criticized his ideas by caricaturing them. In this full-length study in English of Germany's most influential authoritarian right-wing political and legal thinker, award-winning political theorist William E. Scheuerman examines in close detail the profound impact of Schmitt's critique of the liberal rule of law, and he describes how Schmitt's understanding of liberal jurisprudence led him to embrace National Socialism as a viable alternative to the perceived pathologies of the liberal rule of law. Scheuerman illustrates how, in the aftermath of World War II, influential political theorists, particularly Schumpter, Hayek, and Morgenthau, imported Schmitt's ideas into American political discourse. Although none of these writers were followers of Schmitt, each one engaged in a "hidden dialogue" with him that shaped important facets of the intellectual discourse in postwar America. "Carl Schmitt" is an original, engaging study that will be of great value to political theorists and those interested in twentieth-century intellectual history and political philosophy.

Author Biography: William E. Scheuerman is associate professor of political science at the University of Minnesota and the author of "Between the Norm and the Exception: The Frankfurt School and The Rule of Law" (MIT) and "The Rule of Law Under Siege" (California).

About the Author, William E. Scheuerman

William E. Scheuerman is associate professor of political science at the University of Minnesota and the author of Between the Norm and the Exception: The Frankfurt School and The Rule of Law (MIT) and The Rule of Law Under Siege (California).

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Editorials

CHOICE

This careful and searching inquiry into Carl Schmitt's legal theory . . . is a scholarly cry to the heart to preserve the 'indispensable virtues of the rule of law.' A very important work in legal and political theory.
— A. Woodiwiss

Booknews

A critical examination of the jurisprudence of Nazi legal thinker Schmitt and some of the connections and parallels of his thought currently evident in American jurisprudence. Schmitt's attack upon liberal models of deliberative parliamentarism, constitutionalism, the state/society divide, and international law are analyzed and dismissed as theoretical caricatures. Yet, his reflections on legal indeterminancy are viewed by the author as still having relevance to contemporary legal debates, although Schmitt's reactionary solutions are rejected. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Choice

Journal of Ethics

Scheuerman's book successfully debunks Schmitt's and his apologists' pretensions while illuminating Schmitt's critiques of liberal democracy and the rule of law. Scheuerman's argument is compelling.
— David Dyzenhaus

History of Political Thought

Accessible and wide-ranging...

Journal of Ethics - David Dyzenhaus

Scheuerman's book successfully debunks Schmitt's and his apologists' pretensions while illuminating Schmitt's critiques of liberal democracy and the rule of law. Scheuerman's argument is compelling.