This article takes issue with the practical and the cognitive roles of normality within political life and its relevance to the constitution of the groups that comprise a political community. From a practical viewpoint, normality fosters standards of correctness; from a cognitive viewpoint, these standards are what allows individuals to perceive themselves, and to be recognized, as group members. To achieve this aim, the article delves into Carl Schmitt’s and Pierre Bourdieu’s accounts of how politics is a field where semantic (...) struggles take place that are meant to impose alternative visions of the social world. Different types of connections and relationships among individuals and groups (which rule out alternative connections and relationships) shore up a specific vision of the social world (which rules out alternative visions). The article concludes by saying that awareness of the normalizing effects of politics is key to producing a counter-politics meant to defy the naturalization and de-historicization that every political representation furthers. (shrink)

In this article, I draw on Carl Schmitt’s political and constitutional thought in order to reflect on the political struggle over the foundational norms and values of a constitutional settlement in...

This article demonstrates the pre-eminent place the issue of interstate relations occupies in Carl Schmitt’s political thinking between the early 1920s and early 1940s. First, I discuss how Schmitt...

The concept of the political in Carl Schmitt’s works is not only defined by the distinction between friend and enemy, but also by the criterion of breaching the rules in a normatively unbound act of decision. According to Schmitt, this decision is, however, not arbitrary, but provoked by the necessity of a historical situation. This aspect of necessity calls the freedom of the decision into question and leads to tensions within Schmitt’s theory of the political. More explicitly than in Schmitt’s (...) political and legal writings, this conflict between freedom and necessity is exposed in his theory of tragedy. In a reading of his book Hamlet or Hecuba, published in 1956, I will show, in a first step, how the act of breaching the rules is not external to normativity, but occurs from within normativity itself. It is the act of self-breaching – of breaking the rules of its own genre – by which, according to Schmitt, modern tragedy is defined. This breach, however, is compelled by the necessity of a real, i. e. extraliterary, event. In a second step, I will expound on how this idea of self-breaching, which also characterises Schmitt’s understanding of the political, leads to a loss of decision which not only questions his idea of sovereignty, but also topples his concept of the political. (shrink)

In the Preussen contra Reich case of 1932, Carl Schmitt’s theories on equal chance and law in extreme conditions are interpreted and applied in a court of law, firstly by Schmitt himself, then, going contrary to Schmitt’s interpretation, by Dr. Arnold Brecht and Dr. Hans Peters. This paper will first present the basis of the two theories from Schmitt’s “Legality and Legitimacy,” namely, equal chance and the need for extraordinary measures. Then this paper will focus on the diverging legal interpretations (...) of these two theories, as presented in court by different legal theorists. These divergent interpretations of “equal chance” and “law in extreme conditions,” as presented in the aforementioned case, have yet to reach an international readership, as the case itself has never been fully translated into English. Finally, this paper will question the practical application of the two theories in the reality of the empirical world, which in turn question the relationship between any parliamentary legislative system and law. (shrink)

This paper offers an interpretation and discussion of the later Foucault’s multifaceted concept of ‘critique’. It argues that critique for Foucault is composed of three main elements: the ‘spirit’ (though not all of the substance) of Kant’s understanding of the Enlightenment; the practice of parrhesia that emerged in Ancient Greece and became central to Christian subjectivity; and the transfigurative aesthetic experience of modernity that was most richly depicted by Baudelaire. In the second section, there is a discussion of Foucault’s view (...) of an event that continues to perplex Western observers, the 1979 Iranian Revolution, juxtaposed with a Marxist understanding of the upheaval. Rejecting both historical materialist and liberal historiography, Foucault offers a unique perspective on the Iranian Revolution, deeming it to be a practical manifestation of critique in an ‘irreducibly’ religious context and based on a reformation of the self situated within a wider ‘political spirituality’. However, the trajectory of politics in Iran since 1979 bears resemblance to those of other, resolutely secular post-revolutionary societies, and thus raises the questions of whether Foucault ignores the universal in privileging the particular and in refusing synthesis between the West and the Orient, adopts an Orientalist epistemology. (shrink)