1) His Biography
Carl Schmitt was a prominent German jurist, political theorist, and philosopher born on July 11, 1888, in Plettenberg, Westphalia, Germany. He is widely recognized as one of the most influential thinkers in the field of political theory during the 20th century. Schmitt’s early years were marked by academic excellence, and he pursued legal studies at the University of Berlin, where he earned his doctorate in law in 1915.
Schmitt’s intellectual journey was greatly shaped by the tumultuous political climate of his time. During the Weimar Republic era, he became a member of the conservative and nationalist German People’s Party. However, it was his experiences during the rise of the Nazi Party that had a profound impact on his thinking. Schmitt’s controversial support for the Nazi regime would later overshadow his intellectual contributions.
Despite his political associations, Schmitt’s writings encompassed various aspects of constitutional law, sovereignty, and political philosophy. One of his most influential works, “The Concept of the Political” (1927), explores the distinction between friend and enemy in politics and the role of decision-making in defining the state’s existence. Another significant work, “Political Theology” (1922), delves into the relationship between theology and political power.
Schmitt’s involvement with the Nazi Party during the 1930s cast a shadow over his career. He was appointed as a state councilor and worked as a legal advisor for the regime. However, after being expelled from the party in 1936, Schmitt faced increasing isolation. In the aftermath of World War II, he was briefly detained by the Allies but was ultimately not prosecuted for his Nazi affiliations.
The later years of Schmitt’s life were marked by a retreat from active politics, and he turned his focus to academic pursuits. Despite his controversial past, his writings continued to influence political thought, particularly in the realms of constitutional law and international relations. Carl Schmitt passed away on April 7, 1985, in his hometown of Plettenberg, leaving behind a complex intellectual legacy that continues to provoke debate and analysis to this day.
2) Main Works
The Concept of the Political (1927):
“The Concept of the Political” is perhaps Carl Schmitt’s most influential and controversial work. In this book, Schmitt explores the fundamental distinction between friend and enemy in politics. He argues that the essence of politics lies in the ability to identify and confront the enemy, emphasizing the importance of conflict and decision-making in defining the existence of the state. Schmitt’s conceptualization of the political as a realm of antagonism continues to be widely debated and has had a significant impact on political theory.
Political Theology: Four Chapters on the Concept of Sovereignty (1922):
In “Political Theology,” Schmitt investigates the relationship between theology and political power. He examines the idea of sovereignty as a decision-making authority and asserts that the sovereign holds ultimate power in a political system. Schmitt argues that political concepts, including sovereignty, can be understood in theological terms, particularly the concept of the divine exception. This work has been highly influential in discussions on sovereignty and the intersection of religion and politics.
The Crisis of Parliamentary Democracy (1923):
In “The Crisis of Parliamentary Democracy,” Schmitt critically examines the flaws and limitations of parliamentary systems. He argues that liberal parliamentary democracy is inherently unstable and susceptible to crises. Schmitt suggests that the concept of sovereignty and the ability to make decisive political decisions are undermined in such systems. This work reflects Schmitt’s skepticism toward liberal democratic institutions and his preference for strong leadership and decisive action.
Constitutional Theory (1928):
“Constitutional Theory” is a comprehensive exploration of constitutional law and political theory by Carl Schmitt. In this work, he investigates the relationship between the constitution and political power, emphasizing the importance of the sovereign in defining and interpreting constitutional principles. Schmitt contends that constitutional interpretation requires a holistic understanding of political realities and the role of decision-making. The book delves into the complex interplay between constitutional law and politics, offering a thought-provoking perspective on the nature of constitutions.
The Nomos of the Earth in the International Law of the Jus Publicum Europaeum (1950):
“The Nomos of the Earth” presents Schmitt’s reflections on international law and the global order. He examines the historical development of international law and challenges the idea of a universally applicable legal framework. Schmitt argues that international law is rooted in specific historical and cultural contexts, reflecting the distribution of power among states. The book explores the relationship between territorial sovereignty, geopolitical order, and the concept of the nomos of the earth, providing a unique perspective on international relations.
3) Main Themes
Sovereignty:
Sovereignty is a central theme in Carl Schmitt’s works. He explores the concept of sovereignty as the ultimate decision-making authority in political systems. Schmitt emphasizes that sovereignty is not derived from any external source but is an inherent power possessed by the sovereign. He challenges liberal democratic ideas and highlights the need for a strong, decisive sovereign who can make crucial political decisions in times of crisis. Schmitt’s examination of sovereignty raises questions about the nature of political power and its relationship to legal and constitutional frameworks.
Political Theology:
Political theology is another significant theme in Schmitt’s writings. He investigates the intersection of theology and political power, asserting that political concepts often have theological origins. Schmitt explores the notion of the divine exception, where the sovereign’s decision is seen as an extraordinary act that suspends the normal legal and constitutional order. He contends that theological elements are present in political ideologies and decision-making processes, shedding light on the influence of religion on politics.
Friend and Enemy:
Schmitt’s conceptualization of friend and enemy is a recurring theme in his works. He argues that politics is fundamentally defined by the distinction between friend and enemy, with the enemy representing a threat to the existence of the political community. Schmitt views conflict as an essential aspect of politics, as the ability to identify and confront the enemy defines the political realm. This theme raises important questions about the nature of political identity, the role of enmity in shaping political relationships, and the potential consequences of polarizing political discourses.
Decisionism:
Decisionism is a concept closely associated with Schmitt’s works. He highlights the significance of decision-making in politics, suggesting that political legitimacy and authority stem from the ability to make decisive choices. Schmitt criticizes liberal democratic systems for their emphasis on proceduralism, arguing that the focus on consensus and compromise undermines strong leadership and decisive action. Decisionism raises debates about the tension between democracy and authoritarianism and the role of the sovereign in political decision-making.
Crisis and Exception:
Schmitt’s writings often revolve around the themes of crisis and exception. He contends that political systems are frequently confronted with crises that demand exceptional measures to restore stability and maintain the political order. Schmitt explores the notion of the state of exception, where normal legal and constitutional constraints are temporarily suspended to address extraordinary circumstances. This theme prompts discussions about the limits of democratic governance, the potential dangers of exceptional powers, and the balance between security and individual liberties.
4) His Contribution to Jurisprudence
Carl Schmitt’s contribution to jurisprudence is significant and continues to influence legal and political thinking. Despite his controversial political affiliations, his works in this field have had a lasting impact.
Schmitt’s examination of jurisprudence goes beyond traditional legal analysis, delving into the intersection of law, politics, and sovereignty. His exploration of the concept of sovereignty and its relationship to law challenges conventional understandings of legal authority. Schmitt argues that the sovereign holds ultimate decision-making power, and the law derives its legitimacy from the sovereign’s will.
One of Schmitt’s key contributions to jurisprudence is his critique of liberal legalism. He challenges the notion that law can be purely rational and divorced from politics. Schmitt contends that law cannot exist in a vacuum but is rooted in the political order and reflects the distribution of power within a society. His critique prompts a reevaluation of the role of law in relation to political realities and the exercise of power.
Schmitt’s writings also shed light on the limitations and vulnerabilities of legal positivism. He argues that the law cannot be reduced to a set of neutral and objective rules but is shaped by the political context in which it operates. Schmitt emphasizes the need to consider the political implications and consequences of legal decisions and the importance of interpreting legal principles in light of the broader political landscape.
Moreover, Schmitt’s examination of the state of exception and emergency powers has significant implications for jurisprudence. He argues that exceptional circumstances can necessitate the suspension of ordinary legal and constitutional norms. Schmitt’s analysis prompts debates about the balance between legal order and the preservation of the state’s stability and security, raising important questions about the legitimacy and limits of emergency powers.
Schmitt’s contribution to jurisprudence also lies in his exploration of the relationship between law and morality. He challenges the idea of law as an objective and universally applicable framework, arguing that law is inherently influenced by subjective moral judgments. Schmitt highlights the importance of understanding the political and moral foundations that underpin legal systems, contributing to a broader understanding of the interplay between law, morality, and politics.
5) His Political Theory
Carl Schmitt’s political theory is marked by its provocative and often controversial nature. He offers a critical perspective on liberal democracy and presents alternative frameworks for understanding political authority, decision-making, and the nature of the state.
One of the key aspects of Schmitt’s political theory is his examination of sovereignty. He argues that political power ultimately resides in the sovereign, who possesses the ability to make decisive decisions and define the boundaries of the political community. Schmitt challenges the idea of power being derived from the consent of the governed, instead emphasizing the importance of a strong and decisive sovereign who can protect the interests of the political community in times of crisis.
Central to Schmitt’s political theory is the distinction between friend and enemy. He posits that politics is fundamentally defined by the ability to identify and confront the enemy, viewing conflict as an essential aspect of the political sphere. According to Schmitt, political unity is often forged through the shared identification of a common enemy, raising questions about the nature of political identity and the potential consequences of polarization in political discourse.
Schmitt’s critique of liberal democracy and parliamentary systems is another prominent aspect of his political theory. He argues that liberal democracy, with its emphasis on proceduralism and compromise, is inherently unstable and vulnerable to crises. Schmitt suggests that strong leadership and decisive action are necessary to maintain political order and effectively address challenges. This perspective challenges the notion of liberal democratic institutions as the ideal form of governance.
Furthermore, Schmitt’s political theory explores the concept of the state of exception, where normal legal and constitutional rules are temporarily suspended to address exceptional circumstances. He argues that in times of crisis, the sovereign may need to exercise extraordinary powers to restore stability and protect the political community. This aspect of Schmitt’s theory raises questions about the balance between security and individual liberties, as well as the limits and potential dangers of exceptional powers.
In terms of international relations, Schmitt challenges the idea of a universally applicable international legal framework. He argues that international law is shaped by specific historical and geopolitical contexts, reflecting the distribution of power among states. Schmitt’s emphasis on territorial sovereignty and the nomos of the earth highlights the role of power dynamics in shaping the international order.
6) His fight against the Nazis
Carl Schmitt’s relationship with the Nazi regime during his career is complex, and his actions and stance against the Nazis have been the subject of much debate and interpretation. While Schmitt initially supported the Nazi Party and held positions within the regime, there are some indications that he later distanced himself from the Nazis and faced conflicts with the party leadership.
In the early years of the Nazi regime, Schmitt saw an opportunity to advance his own political and intellectual agenda. He joined the party in 1933 and held several positions, including serving as a state councilor and legal advisor. During this time, he aligned his ideas with the party’s ideology, emphasizing the need for strong leadership and decisive action.
However, by the mid-1930s, tensions arose between Schmitt and the Nazi leadership. It is believed that he fell out of favor due to his growing influence and independence as an intellectual figure. Schmitt’s criticism of certain Nazi policies and his insistence on maintaining his intellectual autonomy led to his expulsion from the party in 1936. This marked a turning point in his relationship with the regime.
After his expulsion, Schmitt faced increasing isolation and found himself in a precarious position. While he was not actively involved in political resistance against the Nazis, his intellectual work during this period showed some signs of critique towards the regime. His writings shifted focus towards broader political and theoretical themes, away from explicit endorsement of the Nazi ideology.
It is important to note, however, that Schmitt did not openly challenge or confront the Nazi regime. He continued to hold academic positions and was not subjected to the same level of persecution faced by those who actively resisted or opposed the Nazis. Nonetheless, his distancing from the party and his shift in intellectual focus during this period have been interpreted by some as acts of resistance in their own right.
After World War II, Schmitt’s involvement with the Nazi regime came under scrutiny. He was briefly detained by the Allies, but he was not prosecuted for his Nazi affiliations. Nevertheless, his association with the Nazis remained a stain on his reputation, and it continues to be a topic of discussion and critique in the evaluation of his intellectual contributions.
7) His Legacy
The legacy of Carl Schmitt is complex and subject to ongoing debate and interpretation. Despite the controversies surrounding his political associations and his support for the Nazi regime during a period of his career, his intellectual contributions continue to influence various fields of study.
One aspect of Schmitt’s legacy lies in his significant impact on political theory. His works challenged conventional political and legal thought, raising important questions about the nature of sovereignty, the role of the state, and the relationship between politics, law, and power. Concepts such as the friend-enemy distinction, decisionism, and the state of exception have stimulated critical thinking and continue to shape scholarly discussions in political theory.
Schmitt’s ideas have also had an influence on constitutional law and jurisprudence. His exploration of the relationship between law and politics, his critique of liberal democracy, and his examination of the nature of legal authority have prompted reevaluations of legal frameworks and the interplay between law and power. While his political associations have cast a shadow over his legacy in this field, his thought-provoking ideas continue to be analyzed and debated by legal scholars.
Additionally, Schmitt’s analysis of international relations and the concept of the nomos of the earth has contributed to discussions about global governance, territorial sovereignty, and the dynamics of power in the international order. His emphasis on the specific historical and geopolitical contexts shaping international law challenges universalist perspectives and prompts a reconsideration of the relationship between states in the global arena.
It is important to recognize that Schmitt’s legacy is not without controversy. His association with the Nazi regime and his initial support for the party have generated criticism and scrutiny. His writings have been accused of containing authoritarian and anti-democratic tendencies. However, it is also essential to engage with his ideas critically, separating them from his political affiliations, and examining their potential contributions to academic discourse.