Carl Schmitt sees the 1933 Nazi seizure of power as a revolution that inaugurates an entirely new era of political-legal order. Analyzing Schmitt’s rarer Nazi-texts, diaries, and correspondence, I argue that from 1933 to 1936 Schmitt attempts to theorize the Nazi revolution by developing an entirely new political language of Nazism, cleansed from non-German ways of thinking, especially nineteenth-century liberalism. I focus on three conceptual transformations through which Schmitt understands the remaking of the German state: The shift from the liberal (...) democratic neutral state to a new one-party state or a Führer-state dominated by a movement – a shift symbolized by the “death of Hegel”; the transformation of sovereign power into Führertum, represented by the symbolical deaths of Jean Bodin and Thomas Hobbes, whose thought cannot comprehend the totality of the Nazi movement, and the perversion of the liberal-democratic equality before the law to the völkisch equality of the race as the basis of all Nazi political–legal life. Criticizing previous interpretations of Schmitt’s Nazi thinking, I demonstrate that when Schmitt abandons his own decicionist thought in favor of concrete order thinking in 1933/1934 the idea of race becomes the basis of his political–legal thought. (shrink)

ABSTRACT This article offers a new reading of Carl Schmitt and his Nazi engagement by chronologically examining the changing uses of Roman law in his Weimar and Nazi thought. I argue that Schmitt’s different ways of narrating the modern reception of Roman law disclose, first, the Nazification of his thought in the spring of 1933, and second, the partial and apologetic de-Nazification of his thinking in the 1940s. While Schmitt’s Weimar-era works are defined by a positive use of Roman imagery, (...) ranging from Schmitt’s support to the Catholic Church to his endorsement of Benito Mussolini’s ‘total state’ in Italy, Schmitt’s Nazi writings from 1933 to 1936 describe the reception of Roman law as an anti-German virus that must be overcome by the Nazi movement. This shift mirrors Schmitt’s transformation from an authoritarian thinker sympathetic to Italian Fascism into a devoted Nazi. However, once Schmitt begins to see that Germany will lose World War II, he recalibrates his position. While Schmitt’s earlier Nazi writings offered a negative estimation of the historical school of Friedrich Carl von Savigny, in his 1943/44 book on European legal science, Schmitt portrays Savigny as the paradigmatic European, whose work opens the path for a renewed legal science. (shrink)

This essay argues that Carl Schmitt’s postwar writings offer an original critique of biotechnology and utopian thinking. Examining the classics of utopian literature from Plato to Thomas More and Aldous Huxley, Schmitt illustrates the rise of utopianism that aims to transform human nature and even produce an artificial “human-machine.” Schmitt discovers a counterimage to the emerging era of biotechnology from a katechontic form of Christianity and maintains that human beings must recognize their shared humanity in God, warning us that without (...) a realm of transcendence, the enemy no longer offers an existential mirror but begins to incarnate foreign values, which must be destroyed completely. By comparing Schmitt with Michel Foucault and Donna Haraway, it is also argued that Schmitt’s thinking unlocks a novel path to exploring the meaning and histories of biopolitics and posthumanism. From a Schmittian perspective, Foucault’s depiction of biopolitics appears as a mere prelude to the coming age of biotechnology that will lead us into a posthuman era. Demonstrating interesting contrasts with Haraway’s utopian vision of the cyborg, it is maintained that Schmitt’s thinking offers a distinctively conservative-Christian critique of posthumanism. (shrink)

This essay argues that Carl Schmitt’s postwar writings offer an original critique of biotechnology and utopian thinking. Examining the classics of utopian literature from Plato to Thomas More and Aldous Huxley, Schmitt illustrates the rise of utopianism that aims to transform human nature and even produce an artificial “human-machine.” Schmitt discovers a counterimage to the emerging era of biotechnology from a katechontic form of Christianity and maintains that human beings must recognize their shared humanity in God, warning us that without (...) a realm of transcendence, the enemy no longer offers an existential mirror but begins to incarnate foreign values, which must be destroyed completely. By comparing Schmitt with Michel Foucault and Donna Haraway, it is also argued that Schmitt’s thinking unlocks a novel path to exploring the meaning and histories of biopolitics and posthumanism. From a Schmittian perspective, Foucault’s depiction of biopolitics appears as a mere prelude to the coming age of biotechnology that will lead us into a posthuman era. Demonstrating interesting contrasts with Haraway’s utopian vision of the cyborg, it is maintained that Schmitt’s thinking offers a distinctively conservative-Christian critique of posthumanism. (shrink)

Timo Miettinen’s recent book aims to re-articulate Edmund Husserl’s whole phenomenological project by reading him as a “universalist cosmopolitan” thinker (123). Drawing on Husserl’s late works, es...