This is an attempt to clarify the relation between Schmitt and Hobbes by examining Hobbes's thinking about enemies and enmity. On the one hand, Hobbes shares a strong war/crime distinction with Schmitt. On the other hand, Hobbes never suggests that lethal enmity gives a ?meaningful? tension to human life. Hobbes also describes the way feverish human minds may imagine enemies where none exist. This is another non?Schmittian theme. Although Schmitt was a profoundly anti?Hobbesian thinker for these and other reasons, an (...) examination of Hobbes with the Schmittian question (?who is the enemy??) in mind, proves exceptionally fruitful, opening up aspects of Hobbes's political theory that have hitherto lingered in obscurity. (shrink)

Why has Schmitt's political theology been influential among some Chinese scholars? It is pointed out in this article that this special phenomenon resulted from the Chinese awareness of the deep crisis within modern politics as well as the Chinese hope for the alternative model of modern politics. To these Chinese scholars, Schmitt, by making clear the hidden theological dimension of modern politics, seems to have offered both a sharp criticism of the tendency of mechanization of the state and a creative (...) proposal to save modern politics. Based on the analysis of the reasons for these Chinese scholars' preference for Schmitt's political theology to Marx's criticism of modern politics, it is also argued that this acceptance of Schmitt's political theology could actually hamper the Chinese efforts toward new possibilities of modern politics. (shrink)

This paper will attempt a Hegelian reading of Derrida’s Beast and the Sovereign Vol 1 lectures to unpack certain apories and paradoxes in Ambedkar’s brief 1932 statement on modern India’s founding figure, Gandhi. In that small text Ambedkar is critical of Gandhi’s seemingly saintly attempt at fasting himself to death. Ambedkar diagnoses that Gandhi’s act of self-sacrifice conceals a type of subtle coercion of certain political decisions during India’s independent movement from British colonialism. In order to unpack philosophical assumptions in (...) Ambedkar’s statement, this paper examines Derrida’s startlingly original insights into animality, law, and sovereignty in confronting two of the Western tradition’s giants in political philosophy, namely Hobbes and Schmitt. My intuition is that Derridean deconstruction can be expanded further by deploying certain Hegelian resources. My ultimate aim is to show how Western notions of man, soul, God, the sovereign, and the state begin to dissolve when examining the Hindu metaphysical cosmology of the caste system. My thesis and concluding reflections argue that only by destroying that cosmological system of politico-metaphysical inequality can a true democratic notion of the sovereign state emerge in the Indian context. (shrink)

Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of (...) law and states of emergency (or “exception”) that present themselves as relentlessly secular, even—in the case of Kelsenian jurisprudence—”scientific”. This article illustrates and then critically evaluates Schmitt’s theory in terms of the authorship of constitutional texts in particular. It includes two case studies—genocidal colonial land appropriation and Kelsenian positivism in order to illustrate aspects of his political theology. Whilst Schmitt is defended against reductionist interpretations, I show that there remains considerable unfinished business before a Schmittian approach to legal theory merits full acceptance. (shrink)

The paper addresses Giorgio Agamben’s affirmation of post-sovereign politics by analyzing his critical engagement with the Hobbesian problematic of the state of nature. Radicalizing Carl Schmitt’s criticism of Hobbes, Agamben deconstructs the distinction between the state of nature and the civil order of the Commonwealth by demonstrating the ‘inclusive exclusion’ of the former within the latter in the manner of the state of exception, which functions as a negative foundation of any positive order. Since the state of nature is no (...) longer cast as spatially external and temporally antecedent to the former, it cannot be escaped by the perfection of the legal order, nor can it itself be posited in an essentialist manner as a pre-political site uncontaminated by sovereign violence. While denying any way out of the state of exception, Agamben nonetheless argues for the possibility of its appropriation in the way that dissociates anomie from the locus of sovereignty and reclaims it as an attribute of free social praxis. The paper analyzes three central features of this ‘post-sovereign’ politics and concludes with a discussion of the differences between Schmitt and Agamben with regard to the fate of Hobbes ’s Leviathan in late modern politics. (shrink)

This article reinterprets the Kelsen-Schmitt debate in the context of social systems theory and rethinks its major concepts as part of legal and political self-reference and systemic differentiation. In Kelsen?s case, it is the exclusion of sovereignty from juridical logic that opens a way to the self-reference of positive law. Similarly, Schmitt constructed his concept of the political as a self-referential system of political operations protected from the social environment by the medium of power. The author argues that the process (...) of legal and political globalisation rules out the possibility of formulating substantive theories of the state associating this particular social organisation with metaphysical values and a self-validating collective identity. Kelsen and Schmitt continue to inspire current theories of non-metaphysical globalised law and politics. However, the constitutional state and sovereignty need to be reformulated as a meeting point of functionally differentiated and globalised legal and political communications and not as their ultimate end. (shrink)

The aim of this paper is to critically inquire into some of the interpretations of what appears to me to be the core of Hobbes's political philosophy: his concept of political obligation. And in so doing I will provide a new way of reading the problem of obedience in Hobbes, one that does not dismiss the limits of political obligation and the theological context that surrounds it.

The article focuses on the problem of constitutional symbolism in functionally differentiated societies and its relevance to legal, political, and moral systems. The first part analyses differences between the three systems and their constitutional context. The second part concentrates on the moral symbolic function of modern constitutions and its temporal dimension. It shows that the “good/bad” moral code of constitutions draws on expressive symbolism and transforms it into evaluative symbolism and dogma of morality. The final part analyses the prospective character (...) of modern constitution‐making and its symbolic selectivity regarding the past. The paper concludes by emphasising the systemic pluralisation effect of constitution‐making and the impossibility of constituting systems of “pure” law, morality, and politics. (shrink)

From US Supreme Court Justice Louis Brandeis’s 1933 judgement in Louis K Liggett Co v Lee to Matt Wuerker’s satirical cartoon “Corpenstein”, the use of Frankenstein’s monster as a metaphor for the modern corporation has been a common practice. This paper seeks to unpack and extend explicitly this metaphorical register via a recent filmic and graphic interpretation of Mary Shelley’s Frankenstein myth. Whilst Frankenstein has been read as an allegorical critique of rights—Victor Frankenstein’s creation of a monstrous body, reflecting the (...) figurative construction of a body by rights discourse—the metaphoric notion of reanimating a ‘soulless corpse’ resonates with Edward’s Thurlow’s description of the corporation as having ‘no soul to damn’. By exploring the figurative and optical representations of this process of reanimating the body in Scott Beattie’s film I, Frankenstein and Kevin Grevioux’s companion graphic novel I, Frankenstein: Genesis, I would like to extend this metaphoric register, by examining the theological origin and nature of the corporate form. This theology is explicitly referenced in the film and graphic novel via the battle between Gargoyles and Demons, which dominates the plot and backstory. The role of Frankenstein’s monster—now called Adam—however, is about enabling the reanimation of thousands of corpses without souls for possession by the demon hoard headed by Prince Naberius, who in his alternative persona Charles Wessex, controls the Wessex Institute and Wessex Industries. This ‘corporate baron’ himself has devoted his ‘life’ to enabling the rediscovery of Frankenstein’s ability to reanimate the dead for the purposes of gaining immortality. This mythic framing, however, renders explicitly visible the nature and purpose of the corporate form itself—of capturing and reanimating life in a form of immortality via the mechanisms of perpetual succession. This visual rendering, of a metaphoric framing goes to show the way in which the optical nature of the dominant forms of popular culture—film, television, comic books—provide a means for seeing law’s metaphorical images and for thus unpacking, interrogating and rendering them anew. It argues for a shift from the image of the corporation as a monstrous body to one which involves relations of reciprocity, gratuitousness and gift. (shrink)

Hobbes's Leviathan transformed forever the meaning of the term, long debated by Biblical commentators. Alternatively, in the Book of Job chapter 41, a great chthonic beast, or Lucifer?like ?King of all the Children of Pride?, Leviathan for Hobbes was a figure for the modern state. Recent work by Quentin Skinner and Noel Malcolm treats Leviathan as in part a story about representation. But by juxtaposing the thesis of Carl Schmitt, juridical architect of the Third Reich, and author if his own (...) startling Leviathan, which reads the Biblical Beast as representing the state as demonic machine, we see not only Hobbes's purpose in invoking the God of fear, but also how it served as a self?fulfilling prophecy. (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)

This article treats post-Holocaust humanitarianism as a secular version of St Paul’s ‘Jewish Question’: why are there still Jews now that the particularities of Jewish history have universal meaning? It considers Paul’s Judaeo-Christianity, a distinctively Christian embrace of Jewish survival, as the prototype of today’s secular project of conversion to human rights, and asks what it means within this project for Jews to regard themselves as the only Jews. The article concludes by defining an Islamic alternative to the imperial reach (...) of today’s human rights discourse, based on the recent publication of 1981 lectures by the late N. O. Brown, who presented Islam as an alternative to the Pauline synthesis of Athens-Jerusalem that would renew, rather than supersede, the prophetic tradition of Jewish monotheism. Following Brown, the article presents Muhammad as the anti-Paul, and considers the key differences between their respective political theologies on issues such as fidelity, cruelty and particularly the urgency of justice. Islam’s insistence that there is no ‘time between’ the end of evil and the beginning of justice shows the limitations of today’s human rights discourse as a religion of permanent transition that denies urgency to justice itself. The ‘Jewish Question’ that Paul formulated for Christians in a Roman world order thus illuminates issues posed by the Holocaust and Israel for professed humanitarians today. (shrink)

Este artículo teoriza la transición del régimen global geopolítico (es decir, la política de la tierra) a régimen piropolítico, o la política del fuego. En base a filosofía política de Carl Schmitt, la tesis es que la certidumbre, estabilidad y orden arraigados en la tierra están desplazados por la anomia del fuego, como un símbolo y dominio concreto de lo político hoy.

A growing literature is taking an institutionalist and governance perspective on how algorithms shape society based on unprecedented capacities for managing social complexity. Algorithmic governance altogether emerges as a novel and distinctive kind of societal steering. It appears to transcend established categories and modes of governance—and thus seems to call for new ways of thinking about how social relations can be regulated and ordered. However, as this paper argues, despite its novel way of realizing outcomes of collective steering and coordination, (...) it can nevertheless be grasped with an old and fundamental figure in political philosophy: that of Thomas Hobbes’ Leviathan. Comparing algorithmic governance with this figure serves to highlight their similarities as socio-political arrangements, and specifically to clarify how algorithmic governance parallels the apolitical traits of the Leviathan—it eliminates the political as it requires compliance and forgoing contestation to best fulfill its role and to produce satisfying outcomes. (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)

_ Source: _Volume 31, Issue 1, pp 48 - 74 According to Hobbes, a commonwealth can only occur when the natural multitude of men are made one thanks to a covenantal device. The artificial unity of the political community can be seen as strengthened by the use of concepts that reflect some natural unity, such as “body” or “person”. Both notions can indeed be found in Hobbes’s political treatises, but the degree of importance attached to them varies greatly. The key (...) to this evolution is to be found in _De cive_, where Hobbes explicitly dismisses the notion of a body politic and substitutes the concept of person for it. This paper examines the significance of this conceptual change by following its trajectory from _Elements of Law_ to _Leviathan_ and discussing its implications for Hobbes’s understanding of civil unity. (shrink)

In The Stillborn God, Mark Lilla illuminates why “political theology” remains relevant today, in a world we might have assumed was thoroughly secularized. Lilla suggests that political theology is the norm, and that Christianity inadvertently gave birth to an exception. But the exception—liberal theology, or a separation of church and state that would give full play to religious impulses—was doomed. Religious impulses were not satisfied by mere moral sentiment, as offered by Rousseau and Kant; and Hegel opened the door to (...) messianism—and eventually to Hitler—by bringing a philosophical version of redemption into liberal theology. (shrink)

El objetivo del presente trabajo es analizar dos modelos específicos de discurso sobre la autoridad: un modelo que llamaré «hobbesiano» (representado por Thomas Hobbes) y un modelo que llamaré «raziano» (representado por Joseph Raz). Por un lado, intentaré mostrar que, pese a algunas aparentes similitudes, estos dos modelos son ejemplos de visiones opuestas acerca del tipo de autoridad, y del rol y las consecuencias que se le asignan a ésta en el marco del fenómeno jurídico y social. Por el otro, (...) intentaré mostrar cómo ambos modelos opuestos tienen una importante coincidencia: el fuerte desinterés por su eventual aplicación práctica para analizar la autoridad (especialmente, a nivel justificativo) de casos reales de Estados y sistemas jurídicos. (shrink)

This study seeks to critically explore the link between sovereignty, violence and war in Giorgio Agamben’s Homo Sacer series and Thomas Hobbes’s Leviathan. From a brief rereading of Leviathan’s main arguments that explicitly revolves around the Aristotelian distinction between actuality/ potentiality, it will conclude that Hobbesian pre-contractual violence is primarily based on what Hobbes terms “anticipatory reason” and the problem of future contingency. Relying on Foucauldian insights, it will be emphasized that the assumption of certain potentialities suffices in leading to (...) Hobbes’s well-known conclusion that the state of nature is a “condition of Warre.” In a second step, this study considers some of Agamben’s arguments to account for how pre-contractual violence as envisioned by Hobbes cannot be rendered impotent through the integration of a sovereign. In specific, Agamben’s claims shed light on an irreducible, inextricable entwining between the state of nature and the state of law as “Siamese twins” (Virno). On a meta-level, Agamben thus implicitly shows how the “Hobbesian problem” cannot be merely reduced to a “problem of order” (Parsons). With regard to the current functioning of the stratagems of financial markets and the mechanisms of future-colonization underpinning global politics, this study finally argues that Hobbes ought to be reevaluated in particular regarding the problem of the future in his account. Partly responding to Agamben’s critical investigations, I suggest that a careful exploration of what will be coined “the prospects of an actualization of the potentiality not-to-be” might serve as a first theoretical step towards a productive form of criticism. (shrink)

The purpose of this article is to investigate one of the most interesting and debated issues within the philosophical dis-cussion about politics: the metaphor of the body politic and its relation with the theory of sovereignty in contemporary political theory. After an opening section, which proposes a brief sketch about the origin of the body politic within phi-losophy (especially in Plato’s and Aristotle’s contributions), the article provides a theoretical insight of such a theory, by dealing with three of its definitions: (...) Kantorowicz’s “king’s two bodies”; Hobbes’ Leviathan and Schmitt’s theory of sovereignty. The article aims at presenting some arguments to de-fine these three perspectives, by examining – in the last sec-tion – how this paradigm has evolved into the more complex and articulated theory of the rule of law in contemporary democratic societies. (shrink)

At the intersection of “the theological” and “the political,” the situatedness of the sovereign dictates the task and method of political theology. It is the sovereign, in particular, positioned between “the theological” and “the political,” that is responsible for existentializing what is theologized and what is politicized through the power of sovereignty. Through this sovereignty, the sovereign creates, defines, and oversees all the existential dimensions of a theological-political environment, especially with respect to exclusiveness and inclusiveness, marginalization and belongingness, and what (...) is accomplished by the state of exception. To understand the nuances of what a sovereign is and how sovereignty operates, as the one that develops the state of exception through an act of exception, this essay will examine the explicit and implicit political theologies articulated by Carl Schmitt and Giorgio Agamben, in an effort to construct Slavoj Žižek’s political theology from Schmitt’s sentiment about “the one who decides on the exception” and Agamben’s conceptualization of “ zoē ” and “ bios. ” From Schmitt and Agamben, Žižek’s political theology makes use of the dialectic and references to notions of symptom and trauma, which ultimately culminates in a religious-oriented understanding of the sovereign's act of exception as the “theologico-political suspension of the ethical.”. (shrink)