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)

The pre-1932 writings of Otto Kirchheimer are often described by researchers as the work of a young ‘left-Schmittian’, a radical Marxist who gave the anti-liberal critique and theoretical apparatus of his Doktorvater Carl Schmitt a new purpose for different ‘political ends’. The danger of this approach is that fundamental divisions between the societal conceptualizations of both theoreticians are ignored in lieu of apparent terminological similarity. Through the lens of economy, it is therefore the intent of this article to continue in (...) the tradition of Alfons Söllner and Frank Schale, pushing against this assumed affinity and highlighting Otto Kirchheimer’s unique defense of liberal democracy. (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)