Carl Schmitt

Definition

Carl Schmitt was a German legal and political theorist known for his work on the intersection of law, politics, and theology. He is best known for his ideas on sovereignty, particularly the notion that the sovereign is he who decides on the exception, which highlights the relationship between authority and the ability to transcend legal norms during times of crisis.

5 Must Know Facts For Your Next Test

1. Schmitt argued that in times of crisis, the sovereign must be able to act outside established laws to preserve order and security.
2. He believed that every political concept is essentially theological in nature, asserting that modern politics cannot be fully understood without considering its religious roots.
3. Schmitt's work gained significant attention during the Weimar Republic and later under Nazi Germany, as his ideas were co-opted for authoritarian purposes.
4. His critiques of liberal democracy emphasized the need for decisive leadership and warned against the paralysis of parliamentary systems during emergencies.
5. Schmitt's theories have influenced contemporary debates on constitutional law, emergency powers, and the role of executive authority in democracies.

Review Questions

• How does Carl Schmitt's concept of sovereignty relate to the function of law during a state of emergency?
  • Schmitt's concept of sovereignty emphasizes that the sovereign has the ultimate authority to make decisions in times of crisis, which often involves suspending normal legal rules. This highlights a critical relationship where law is not absolute but contingent on the political context. In a state of emergency, Schmitt argues that the ability to act outside established norms is necessary for maintaining order and protecting the state.
• In what ways does Carl Schmitt connect political theology to modern political structures, particularly in terms of sovereignty?
  • Carl Schmitt connects political theology to modern political structures by asserting that contemporary governance is deeply rooted in theological concepts. He argues that many political ideas, including sovereignty and authority, can be traced back to religious frameworks. This connection challenges secular views of politics and reveals how power dynamics are influenced by religious thought, suggesting that understanding these intersections is crucial for analyzing political authority today.
• Evaluate Carl Schmitt's impact on contemporary discussions about emergency powers and constitutional law. How do his ideas shape current debates?
  • Carl Schmitt's impact on contemporary discussions about emergency powers and constitutional law is significant as his arguments about sovereignty and the necessity of decisive action during crises continue to resonate. His notion that law must be adaptable during emergencies challenges rigid interpretations of constitutional norms. This has led to debates about the balance between civil liberties and state security, especially in times of national emergencies, influencing how governments respond to crises while navigating legal frameworks.

Related terms

Sovereignty: The authority of a state to govern itself or another state, often discussed in relation to the ability to make decisions independently.

Political Theology: A field that examines the relationship between religious concepts and political power, including how theological ideas influence political structures and legal systems.

Exception: A legal and political concept indicating a state of emergency where normal laws can be suspended by the sovereign, allowing for actions that would typically be illegal.