Este libro promete ser una contribución para el estudio de la teoría crítica en general y para el análisis de la historia de la Escuela de Frankfurt en particular. Todos los trabajos que están contenidos en este volumen hacen parte del amplio marco teórico de la teoría crítica de la sociedad. Muchos siguen las huellas de los fundadores de esta tendencia, mientras que otros se presentan como críticos de la misma y unos cuantos más tratan de vincular problemas y contextos (...) de relevancia a los conceptos más destacados que se empezaron a construir hace cien años en Frankfurt. Encontramos como buena excusa para su publicación precisamente el año centenario del Instituto de Investigación Social. Además, hemos creído conveniente organizar los materiales en secciones que van desde la historia de la Escuela de Frankfurt hasta la consideración de algunos interrogantes de actualidad motivados por el desarrollo de la teoría crítica. No obstante, con esto no pretendemos establecer límites absolutos de clasificación. Confesamos que nuestra forma de organizar los ensayos responde simplemente a criterios editoriales más que a cuestiones teóricas y conceptuales. Claramente las intersecciones entre los estudios aquí presentados son amplias y hacen que cada una de las propuestas pueda dialogar con las otras en función de sus evidentes parecidos de familia. (shrink)

Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and obligation and indicate why this (...) approach is inadequate in contemporary circumstances. I sketch an alternative approach and suggest how the most promising exemplar of this kind, Habermas’ discourse theory of law and politics, can better deal with the example. Having thus made plausible the advantages of the discourse theory of the alternative approach, I end with an ‘internal’ critique of Habermas’ own recent writings on the global political order. (shrink)

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. (shrink)

Spatiality, Sovereignty and Carl Schmitt: Geographies of the Nomosis an edited volume by Stephen Legg. The book was published in the midst of accruing attention to the issues of space and order in the writings of Carl Schmitt. The objective of the book must, therefore, be understood as a critical analysis of the different ways Schmitt’s concepts can inform and have informed the study of geopolitics. This review will provide a critical summary of the main themes in the book and (...) analyse the arguments made for and against using Schmitt. I will additionally assess the ways in which Marxist Geography can benefit from critically engaging with Schmitt. It will be argued that a critical engagement with Schmitt should start from a contextualised position and a subsequent fertile negation of his thinking. (shrink)

In Homo Sacer, Giorgio Agamben makes the claim that Kant’s moral philosophy is prophetic of legal nihilism and modern totalitarianism. In doing so, he draws an implicit parallel between Kantian ethics of respect and autonomy, and the authoritarian constitutional theory of Carl Schmitt. This paper elucidates and evaluates this claim through an analysis of Agamben’s assertion that the legal condition of modernity is a nihilistic law that is ‘in force without significance’. I argue that the theoretical continuity between totalitarianism and (...) the Moral Law is the problem of the undecidable, which arises when the empty ground of normative judgment comes to light. (shrink)

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that (...) may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between law and morality, and has even been tempted by natural law arguments in developing his theory of jurisprudence (see Part IV), Kelsen is more receptive to arguments drawn from legal and political realism. Yet Habermas is hardly oblivious to these arguments, as can be seen from his recent acknowledgment that human rights that secure subsistence and development depend on ‘global domestic policy’ for their full enjoyment. This acknowledgment, I submit, brings Habermas’ legal philosophy closer to Kelsen’s monistic view that a supranational human rights regime must regulate political as well as purely legal matters (Part III). Given this stronger analogy between domestic and global institutions of governance, I argue (Part IV) that a global human rights regime must also incorporate features of constitutional review. Conceding this point, however, raises further questions about the insulation of international law from so-called extra-legal (political) influences. I conclude that not only do multicultural differences in understanding human rights (conflicts between legal paradigms) generate political problems for international courts but so do competing subsystems of international law. (shrink)

The aim of this essay is to consider both Schmitt’s polemical and his analytical claims in dealing with a concept which is central to his theory and yet strangely overlooked by the secondary literature: the concept of friendship. The essay proceeds in three steps; first it makes some textual claims about the meaning and role of friendship in Schmitt’s writings; secondly its puts forward an interpretation of the significance of friendship in Schmitt’s political thought; finally, it tries to disentangle polemics (...) from diagnostics in Schmitt’s discourse and draws some tentative conclusions. (shrink)

For historians of science, earthquakes may well have an air of the exotic. Often terrifying, apparently unpredictable, and arguably even more deadly today than in a pre-industrial age, they are not a phenomenon against which scientific progress is easy to gauge. Yet precisely because seismic forces seem so uncanny, even demonic, naturalizing them has been one of the most tantalizing and enduring challenges of modern science. Earthquakes have repeatedly shaken not just human edifices but the foundations of human knowledge. They (...) have been known to cast doubt on divine providence, on the predictive ability of the sciences, and on the capacity of the human mind to learn from an experience of sheer terror. Most recently, the Japanese earthquake and tsunami of 2011 have forced nuclear experts around the world to confront the limits of their knowledge and the vulnerability of their best-laid plans. (shrink)

The idea of the Guantánamo detainee as a Muselmann , the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in (...) an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we will locate the points of convergence among the factors (the war on terror, sovereignty, and the media) that have produced and reconstituted the legal and ethical status of Guantánamo detainees. (shrink)