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Constitutional Theory
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of ...
Rational Lawmaking under Review
This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light o...
Thomas Starkey and the Commonweal
Thomas Starkey (c. 1495-1538) was the most Italianate Englishman of his generation. This book places Starkey into new and more appropriate contexts, both biographical and intellectual, taking him out of others in which he does not belong, from displaced Roundhead to follower of Marsilio of Padua. Beginning with his native Cheshire, it traces his career through Oxford, Padua, Paris, Avignon, Padua again, and finally England, where he spent the last four years of his life trying to fulfil his ambition to serve the commonweal. Most of Starkey's career revolved around his patron Reginald Pole, scion of the highest nobility, but Starkey (and many other Englishmen) managed to balance loyalty to Pole with allegiance to Henry VIII. Out of favour with the king's secretary after the middle of 1536, Starkey turned increasingly to religion, continuing to cling to his conciliarist and Italian Evangelical opinions until his death.
Carl Schmitt between Technological Rationality and Theology
Carl Schmitt, one of the most influential legal and political thinkers of the twentieth century, is known chiefly for his work on international law, sovereignty, and his doctrine of political exception. This book argues that greater prominence should be given to his early work in legal studies. Schmitt himself repeatedly identified as a jurist, and Hugo E. Herrera demonstrates how for Schmitt, law plays a key role as an intermediary between ideal, conceptual theory and the complexity of practical, concrete situations. Law is concerned precisely with balancing the extremes of theory and reality, and in this respect, Schmitt associates it with philosophical thinking broadly as being able to understand and explain the tensions in human experience. Reviewing and analyzing prevailing interpretations of Schmitt by Jacques Derrida, Heinrich Meier, and others, Herrera argues that the importance of Schmitt's legal framework is both significant and overlooked.
Carl Schmitt's State and Constitutional Theory
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-w...
Philosophical Foundations of International Criminal Law
This first edition of Philosophical Foundations of International Criminal Law: Correlating Thinkers contains 20 chapters about renowned thinkers from Plato to Foucault. As the first volume in the series "Philosophical Foundations of International Criminal Law", the book identifies leading philosophers and thinkers in the history of philosophy or ideas whose writings bear on the foundations of the discipline of international criminal law, and then correlates their writings with international criminal law.
Nicholas of Cusa on Christ and the Church
This volume contains studies on Nicholas of Cusa and his times. The first section is concerned with Cusanus' context, beginning with a historiographic essay by Francis Oakley on the impact of Brian Tierney's Foundations of the Conciliar Theory. Among the topics addressed are the long-term continuation of the Council of Basel (1431-1449) and the issues of ecclesiastical income which it addressed. The second part is concerned with Cusanus' thought on the Church, both in his conciliarist and papalist phases. Included is the first translation into English of Nicholas' Reformatio generalis. Attention also is paid to Cusanus' reforming efforts and the relationship of his thought on these issues to his earliest speculative writings. The third part is concerned with Nicholas' ideas on Christ and mystical experience. Particular attention is paid to the De visione dei, including its relationship to Renaissance art. The volume concludes with wide-ranging essays on the larger significance of Cusanus' speculative thought. An update of Thomas M. Izbicki's bibliography of Cusanus scholarship in English is included.
The Oxford Handbook of Carl Schmitt
The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.
Digital Democracy in a Globalized World
Whether within or beyond the confines of the state, digitalization continues to transform politics, society and democracy. Information and Communication Technologies (ICTs) have already considerably affected political systems and structures, and no doubt they will continue to do so in the future. Adopting an international and comparative perspective, Digital Democracy in a Globalized World examines the impact of digitialization on democratic political life. It offers theoretical analyses as well as case studies to help readers appreciate the changing nature of democracy in the digital age.
Solidarity
A political sociologist examines the concept of universal, egalitarian citizenship and assesses the prospects for developing democratic solidarity at the global level.
