There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics and social theory but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitt’s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt's thought for controversies within contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms of legal positivism; the relative ‘indeterminacy’ of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale; the centrality of discretion and judicial law-making within the legal process; the important role played by ideological prejudices and assumptions in legal reasoning; the reinterpretation of law as a form of strategically disguised politics; the legal theoretical critique of universalistic approaches to "human" rights and associated liberal-cosmopolitan 'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberal constitutionalism and liberalism more generally as an approach to law. In Carl Schmitt: Law as Politics, Ideology and Strategic Myth, the author provides an overview and assessment of Schmitt's thought, as well as a consideration of its relevance for contemporary legal thought and debates.

"An important resource, it includes the most significant and influential texts representative of the political and conceptual diversity of the intellectual approaches of that time. . . . Very significant for contemporary debates about the relationship between state, law, and constitution."—Ulrich Karl Preuss, Freie Universität Berlin

A philosopher, rabbi, religious historian, and Gnostic, Jacob Taubes was for many years a correspondent and interlocutor of Carl Schmitt (1888-1985), a German jurist, philosopher, political theorist, law professor--and self-professed Nazi. Despite their unlikely association, Taubes and Schmitt shared an abiding interest in the fundamental problems of political theology, believing the great challenges of modern political theory were ancient in pedigree and, in many cases, anticipated the works of Judeo-Christian eschatologists. In this collection of Taubes's writings on Schmitt, the two intellectuals work through ideas of the apocalypse and other central concepts of political theology. Taubes acknowledges Schmitt's reservations about the weakness of liberal democracy yet distances himself from his prescription to rectify it, arguing the apocalyptic worldview requires less of a rigid hierarchical social ordering than a community committed to the importance of decision making. In these writings, a sharper and more nuanced portrait of Schmitt's thought emerges, as well as a more complicated understanding of Taubes, who has shaped the work of Giorgio Agamben, Peter Sloterdijk, and other major twentieth-century theorists.

This book offers a nuanced and multifaceted collection of essays covering a wide range of concerns, concepts, presidential doctrines, and rationalities of government thought to have marked America’s engagement with the world during this period. The collection is organised chronologically and looks at the work of intellectuals who have written both in support and critically about US foreign policy in various geographical and historical contexts. This includes Andrew Carnegie, Carl Schmitt, Hans Morgenthau, George Kennan, Samuel Huntington, Paul Wolfowitz and many other such thinkers and practitioners who have contributed in shaping the ways in which we have come to think of US foreign policy over the years. The book will be of significant interest to students and academics within the fields of US foreign policy analysis, international relations and intellectual history.

In this, his most influential 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 edition of the 1932 work includes the translator's introduction (by George Schwab) which highlights Schmitt's intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. It also includes Leo Strauss's analysis of Schmitt's thesis and a foreword by Tracy B. Strong placing Schmitt's work into contemporary context.

Geopolitical Shakespeare: Western Entanglements from Internationalism to Cold War examines the entanglement of Shakespearean culture in the geopolitical dynamics of the post-war West. Taking its cue from a speech given by Albert Einstein in London in 1933, in which Shakespeare is cited as an example of the Western value of personal and intellectual freedom, this book explores a series of events between 1945 and 1955 featuring key historical figures--scientists, international lawyers, diplomats and politicians, writers, actors, and filmmakers--who experienced the tensions of the early Cold War through Shakespeare, or called on him to articulate this new post-war world. Erica Sheen examines political, diplomatic, cultural, and economic interactions within 'core' Western power relations--the USA, UK, and Europe, with particular reference to Germany--in which Shakespeare, or the idea of Shakespeare, was entangled in the struggle for new ideas and social structures. The subjects of this book include John Humphrey and the drafting of the Universal Declaration of Human Rights; the Nuremberg Trials and the foundation of West Germany; Noel Annan and the Berlin Elizabethan Festival; an American production of Hamlet in Elsinore; Laurence Olivier, David Selznick, and the Shakespeare film in post-war Hollywood; Graham Greene and The Third Man; and Carl Schmitt and Salvador de Madariaga on Hamlet in post-war Europe. In each of these case studies, Sheen discovers a Shakespeare for our time: engaged in contestations of territoriality in cultures of international law and human rights, theatre, film, and literature.

Force Fields collects the recent essays of Martin Jay, an intellectual historian and cultural critic internationally known for his extensive work on the history of Western Marxism and the intellectual migration from Germany to America.

This book provides an accessible and comprehensive introduction to the major political thinkers of modern Germany. It includes chapters on the works of Max Weber, Carl Schmitt, Franz Neumann, Otto Kirchheimer, Jurgen Habermas and Niklas Luhmann. These works are examined in their social and historical contexts, ranging from the period of Bismarck to the present day. A clear picture is presented of the connections between individual theoretical positions and the general political conditions of modern Germany. Areas of political history covered in particular depth include nineteenth-century legal and parliamentary history, aspects of German liberalism, Weimar social democracy, political Catholicism, Adenauer and Erhard, Brandt's reforms and the Tendenzwende of the late 1970s. By closely linking intellectual and political history, this work examines how recent German political theory has developed as a set of varying responses to recurring aspects and problems of political life in modern Germany. At the same time, it addresses the philosophical and political implications of the works which it treats, and it critically examines how modern German political theory has contributed to broader attempts to theorize political legitimacy and politics itself. This book will be of interest to students of political theory, German studies and European political history.

Property and power perform a key role in social and political theories of class inequality and social stratification, however, theorists have yet clearly to define these concepts, their mutual boundaries and scopes of application. This book answers the property/power puzzle by undertaking a broad historical inquiry into its intellectual origins and present-day effects through a series of case studies, including: Marxism vs. anarchism * the fascist assertion of the primacy of the political * social science as power theory * the managerial revolution * the knowledge society and the new intellectual classes

"China Mieville's brilliantly original book is an indispensable guide for anyone concerned with international law. It is the most comprehensive scholarly account available of the central theoretical debates about the foundations of international law. It offers a guide for the lay reader into the central texts in the field."--Peter Gowan, Professor, International Relations, London Metropolitan University. Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view. China Mieville, PhD, International Relations, London School of Economics, is an independent researcher and an award-winning novelist. His novel Perdido Street Station won the Arthur C. Clarke Award.