Schmitt as a Scapegoat: Reply to Palaver

Abstract

Silete theologi in munere alieno! As Schmitt observes in Der Nomos der Erde, this was Alberico Gentili's battle cry to remove theologians from discussion of politics and to rescue a non-discriminatory concept of war. According to Schmitt, it became the slogan of an epoch — the epoch of the ius publicum Europaeum. The turn to the modern age in the history of international law was accomplished by a dual division of two lines of thought inseparable in the Middle Ages — moral-theological from juridical-political arguments and the question of iusta causa, grounded in moral arguments and natural law, from the typically juridical-formal question of iustus hostis.

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