Neo-fascist legal theory on trial: An interpretation of Carl Schmitt's defence at nuremberg from the perspective of Franz Neumann's critical theory of law
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Res Publica 5 (2):161-193 (1999)
This article addresses, from a Frankfurt School perspective on law identified with Franz Neumann and more recently Habermas, the attack upon the principles of war criminality formulated at the Nuremberg trials by the increasingly influential legal and political theory of Carl Schmitt. It also considers the contradictions within certain of the defence arguments that Schmitt himself resorted to when interrogated as a possible war crimes defendant at Nuremberg. The overall argument is that a distinctly internal, or “immanent”, form of critique is required of Schmitt's position, in which its is found wanting even on its own terms. In principle, the application of this dialectical mode of critique can allow a genuine debate to emerge between those seeking to continue both the Schmittian and critical theory traditions, whilst safeguarding the latter from the dangers of formulating polemical interventions that are, in effect, counterproductive to their own intentions.
|Keywords||Carl Schmitt war crimes Nuremberg principles incitement to genocide OSS Franz Neumann legal theory of the Frankfurt School immanent modes of critique|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Andrew Vincent (2009). Patriotism and Human Rights: An Argument for Unpatriotic Patriotism. [REVIEW] Journal of Ethics 13 (4):347 - 364.
Similar books and articles
Andrew Johnson, Viral Politics: Jacques Derrida's Account of the Auto-Immune Logic of Carl Schmitt's Political Philosophy.
Patrick J. Glen, The Deconstruction and Reification of Law in Franz Kafka's 'Before the Law' and 'the Trial'.
Carl Schmitt (1996/2008). The Leviathan in the State Theory of Thomas Hobbes: Meaning and Failure of a Political Symbol. University of Chicago Press.
Andreas Kalyvas (1999). Review Essay: Who's Afraid of Karl Schmitt. Philosophy and Social Criticism 25 (5).
Jiri Priban (2012). Self-Reference of the Constitutional State: A Systems Theory Interpretation of the Kelsen-Schmitt Debate. Jurisprudence 2 (2):309-328.
John P. McCormick (1997). Carl Schmitt's Critique of Liberalism: Against Politics as Technology. Cambridge University Press.
Added to index2009-01-28
Total downloads16 ( #108,478 of 1,101,878 )
Recent downloads (6 months)5 ( #68,243 of 1,101,878 )
How can I increase my downloads?