The work of Giorgio Agamben, one of Italy's most important and original philosophers, has been based on an uncommon erudition in classical traditions of philosophy and rhetoric, the grammarians of late antiquity, Christian theology, and modern philosophy. Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it. In Homo Sacer, Agamben aims to connect the problem of (...) pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault's fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle's notion of man as a political animal, and throughout the history of Western thinking about sovereignty, a notion of sovereignty as power over "life" is implicit. The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt's idea of the sovereign's status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective "naked life" of all individuals. (shrink)

Carl Schmitt's friend/enemy principle is exposed to in-depth philosophical analysis and historical examination with the aim of showing that the political follows hostility, violence and terror as form follows matter. The book argues that the partisan is an umbrella concept that includes the national and global terrorist.

Introduction -- Part 1. The nature of order in world politics: the concept of order in world politics; does order exist in world politics?; how is order maintained in world politics?; order versus justice in world politics -- Part 2. Order in the contemporary international system: the balance of power and international order; international law and international order; diplomacy and international order; war and international order; the great powers and international order -- Part 3. Alternative paths to world order: alternatives (...) to the contemporary states system; the decline of the states system; the obsolescence of the states system; the reform of the states system; conclusion. (shrink)

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

Kelsen's 'Pure theory of law' was first presented in his fundamental work Hauptprobleme des Staatsrechtlehre (1911) and continued in both editions of Reine Rechtslehre (1934, 1958). Historically, it has a certain relation to John Austin's 'analytical jurisprudence', although Kelsen became acquainted with Austin's work for the first time in 1940. The 'pure theory of law' is a formal-logical analysis of law, considered as a system of norms, based philosophically on the strict distinction between 'is' and 'ought'. It is a normative (...) and positive doctrine, opposed both to positivism, showing the limitations of the positivistic approach, the whole legal order. His positivism is a formal analysis of the legal norm, of its elements and of the architecture of the legal order. Kelsen's concentration on the form of law recognizes the legitimacy of sociological investigations and the study of values in reference both to the contents and the making of law. Equally, his philosophical relativism of values is entirely compatible with his strong stand for democracy and the ideals of western culture. German text. (shrink)

De Cive ("On the citizen") is one of Thomas Hobbes's major works. "The book was published originally in Latin from Paris in 1642, followed by two further Latin editions in 1647 from Amsterdam. The English translation of the work made its first appearance four years later (London 1651) under the title 'Philosophicall rudiments concerning government and society'."The work anticipates themes of the better-known Leviathan. The famous phrase bellum omnium contra omnes ("war of all against all") appeared first in De Cive.

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm (...) of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’. (shrink)

This concluding chapter assesses the debate over humanitarian intervention in the light of the events of September 11, 2001. On the one hand, it can be argued that 9/11 has reversed the momentum behind the norm of ‘sovereignty as responsibility’. In the course of waging the war on terrorism, the powers of sovereign states have been increased and the willingness of Western states to criticize the treatment of civilians within other sovereign jurisdictions appears to have weakened. On the other, there (...) are three reasons why humanitarian intervention – and the issues associated with it – will continue to preoccupy scholars and statesmen in a post-September 11th world. First, the terrorist attacks of 2001 have reinforced the view that instability within or collapse of a state anywhere in the world can have implications that reach far wider than that particular region. Second, the debate about what constraints should be placed on the use of force – particularly those related to proper authority – are as relevant for the ‘war on terror’ as they are for humanitarian intervention. Finally, as the missions in Afghanistan in 2001 and Iraq in 2003 have shown, humanitarian rationale are all-important in justifying the use of force in international society, even when other motives are at work. (shrink)

Presenting the first critical analysis of Carl Schmitt's _The Nomos of the Earth_ and how it relates to the epochal changes in the international system that have risen from the collapse of the ‘Westphalian’ international order. There is an emerging recognition in political theory circles that core issues, such as order, social justice, rights, need to be studied in their global context. Schmitt’s international political thought provides a stepping stone in these related paths, offering an alternative history of international relations, (...) of the genesis, achievements and demise of the ‘Westphalian system.’ Writing at a time when he believed that the spatial, political and legal order—the nomos of the earth—had collapsed, he highlighted the advent of the modern state as the vehicle of secularization, tracing how this interstate order was able to limit and ‘rationalize and humanize’ war. Providing a large number of case studies including: global terrorism, humanitarian intervention and US hegemony, this book will give further impetus to, and expand, the nascent debate on the significance of Schmitt’s legal and political thought for international politics. _The International Political Thought of Carl Schmitt_ will be of interest to students and scholars of international relations, law and history. (shrink)

Since September 11th, we frequently hear that political differences should be put aside: the real struggle is between good and evil. What does this mean for political and social life? Is there a 'Third Way' beyond left and right, and if so, should we fear or welcome it? This thought-provoking book by Chantal Mouffe, a globally recognized political author, presents a timely account of the current state of democracy, affording readers the most relevant and up-to-date information. Arguing that liberal 'third (...) way thinking' ignores fundamental, conflicting aspects of human nature, Mouffe states that, far from expanding democracy, globalization is undermining the combative and radical heart of democratic life. Going back first to Aristotle, she identifies the historical origins of the political and reflects on the Enlightenment, and the social contract, arguing that in spite of its good intentions, it levelled the radical core of political life. Contemporary examples, including the Iraq war, racism and the rise of the far right, are used to illustrate and support her theory that far from combating extremism, the quest for consensus politics undermines the ability to challenge it. These case studies are also highly effective points of reference for student revision. _On the Political _is a stimulating argument about the future of politics and addresses the most fundamental aspects of democracy that will aid further study. (shrink)

Since September 11, we frequently hear that the struggle is between good and evil and that politics is at an end. Should we welcome or fear a 'Third Way' beyond left and right? In this timely and thought provoking book, Chantal Mouffe argues that third way thinking ignores fundamental, conflictual aspects of human nature and that far from expanding democracy, globalization is undermining the combative and radical heart of democratic life. Going back first to Aristotle, she identifies the historical origins (...) of the political. She also reflects on the Enlightenment and the social contract, arguing that in spite of its good intentions, it fatally suppressed the radical core of political life. She uses many contemporary examples, including the Iraq war, racism and the rise of the far right, to argue that far from ending dangerous extremism, the political void created by the search for consensus inflames it. (shrink)

Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial ...

In this work, legal theorist and political philosopher Carl Schmitt argues that liberalism's basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state.

This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought in the United States after 1945.

Carl Schmitt, the author of such books as Political Theology and The Crisis of Parliamentary Democracy, was one of the leading political and legal theorists of the twentieth century. His critical discussions of liberal democratic ideals and institutions continue to arouse controversy, but even his opponents concede his uncanny sense for the basic problems of modern politics. Political Romanticism is a historical study that, like all of Schmitt's major works, offers a fundamental political critique. In it, he defends a concept (...) of political action based on notions of good and evil, justice and injustice, and attacks the political passivity entailed by the romanticization of experience. The book has three strands. The first is an attack on received notions of the origins of the Romantic Movement. Schmitt argues that this movement represents a secularization, subjectification, and privatization in which God is replaced by the emancipated, private individual of the bourgeois social order. The second is an assault on political romanticism that includes a broader attack on the new European bourgeoisie, which Schmitt characterizes as the historical bearer of the movement. The third strand is a defense of political conservatism and a refutation of the view that political romanticism is intrinsically linked with romanticism. Here Schmitt argues that the political romantic is tied not to positions but to aesthetics, and can therefore as easily become a Danton as a Frederick the Great. Guy Oakes's introduction places the book in historical context and also suggests its continuing relevance through his discussion of the latest outcropping of political romanticism in the late 1960s, intriguingly brought out in his example of Norman Mailer as a political romantic. (shrink)

The State of the Political challenges traditional interpretations of the political thought of Max Weber, Carl Schmitt, and Franz Neumann. Focusing on their adaptation of a German tradition of state-legal theory, the book offers a scholarly, contextualized account of the interrelationship between their political thought and practical political criticism. Dr Kelly criticizes the typical separation of these writers, and offers a substantial reinterpretation of modern German political thought in a period of profound transition, in particular the relationship between political theory (...) and conceptual change. Alongside its focus on German political and juridical thought, the book contributes significantly to the history of European ideas, discussing parliamentarism and democracy, academic freedom and cultural criticism, political economy, patriotism, sovereignty and rationality, and the inter-relationships between law, the constitution and political representation. (shrink)

Ever since its first publication in 1992, The End of History and the Last Man has provoked controversy and debate. Francis Fukuyama's prescient analysis of religious fundamentalism, politics, scientific progress, ethical codes, and war is as essential for a world fighting fundamentalist terrorists as it was for the end of the Cold War. Now updated with a new afterword, The End of History and the Last Man is a modern classic.