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A “Catholic Layman of German Nationality and Citizenship”?: Carl Schmitt and the Religiosity of Life  

Reinhard Mehring

Print publication date:
Jan 2017
Online publication date:
Dec 2014
Carl Schmitt positioned his constitutional theory in the context of a “political theology” and referred to himself repeatedly as a Catholic. Schmitt scholarship has long pursued this ... More

Animals as Scientific Objects  

Mike Michael

Print publication date:
Apr 2017
Online publication date:
Jun 2014
The chapter addresses the topic of animals as scientific objects by drawing on recent literature that emphasizes the heterogeneous construction—or eventuation—of the object. As such, the ... More

Animals in Religion  

Stephen R. L. Clark

Print publication date:
Apr 2017
Online publication date:
Dec 2014
Both “animals” and “religion” are contentious concepts, with many possible meanings and associations. This chapter takes animals to be eukaryotes distinct from protists, plants and fungi, ... More

Beyond Belief?: The Rapid Expansion of Same-Sex Marriage  

Julie Hollar

Online publication date:
Feb 2019
This chapter analyzes the expansion of same-sex marriage around the world, its causes and its consequences. It argues that the domestic and transnational factors shaping a country’s ... More

Carl Schmitt and Modernity  

Friedrich Balke

Print publication date:
Jan 2017
Online publication date:
Jan 2015
Carl Schmitt’s political and juridical thought is anchored in a specific diagnosis of modernity. He develops the concept of the political because of how the location and address of the ... More

Carl Schmitt and the Weimar Constitution  

Ulrich K. Preuß

Print publication date:
Jan 2017
Online publication date:
Dec 2014
This chapter explores Carl Schmitt’s response as a political, legal, and constitutional theorist to the permanent crisis of the Weimar Republic during its short-lived existence between ... More

Carl Schmitt in Plettenberg  

Christian Linder

Print publication date:
Jan 2017
Online publication date:
Jan 2015
This chapter focuses on Carl Schmitt’s years in post–World War II Germany. After being released from the Nuremberg prison for war criminals, Schmitt returned to his birthplace, ... More

Carl Schmitt’s Defense of Democracy  

William Rasch

Print publication date:
Jan 2017
Online publication date:
Nov 2014
Carl Schmitt accommodated himself to the ascendency of democratic thinking in the post–World War I world of the 1920s. No sovereign authority, he argued, could fail to acknowledge “the ... More

Deliberation and Justice  

Stefan Rummens

Print publication date:
Sep 2018
Online publication date:
Oct 2018
Discussions of the relationship between justice and democracy are generally premised on the assumption that they are two different things, only contingently and externally related. As a ... More

Hans Kelsen and Carl Schmitt: Growing Discord, Culminating in the “Guardian” Controversy of 1931  

Stanley L. Paulson

Print publication date:
Jan 2017
Online publication date:
Dec 2014
This chapter traces the intellectual relationship between Hans Kelsen and Carl Schmitt. It is well known that the two legal thinkers had sharply contrasting views on sovereignty, ... More

International Legal Order  

Heike Krieger

Print publication date:
Mar 2018
Online publication date:
Apr 2018
The phenomenon of governance in areas of limited statehood has had a particularly strong impact on the development of international law after 1990. If—on a large scale—states lack the ... More

Interspecies Dialogue and Animal Ethics: The Feminist Care Perspective  

Josephine Donovan

Print publication date:
Apr 2017
Online publication date:
Nov 2014
Most contemporary theories of animal ethics fail to respond to and incorporate the expressed viewpoint of animals in their analyses. Feminist care theory, by contrast, holds that the ... More

Is “the Political” a Romantic Concept?: Novalis’s with Reference to Carl Schmitt  

Rüdiger Campe

Print publication date:
Jan 2017
Online publication date:
Nov 2014
This chapter analyzes Carl Schmitt’s concept of the political from the vantage point of German Romanticism. For Schmitt, Romanticism wasan intellectual attitude that precluded the concept ... More

Jeremy Waldron, Law and Disagreement  

Melissa Schwartzberg

Online publication date:
Aug 2017
Jeremy Waldron’s Law and Disagreement (1999) is a landmark work in jurisprudence and in democratic theory. In retrospect, it also constitutes an intervention into a methodological debate ... More

Jürgen Habermas, Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy  

Simone Chambers

Online publication date:
Aug 2017
Jürgen Habermas’s Between Facts and Norms purports to offer a new way of understanding law and democracy in liberal orders. The scale and ambition of the book matches Hegel’s Philosophy of ... More

Law and Political Ideologies  

Julie Novkov

Print publication date:
Aug 2008
Online publication date:
Sep 2009
The struggle over police power and the legitimacy of labor regulations, the establishment of twentieth-century white supremacy, the contest between pro-choice and pro-life forces, and ... More

The Legal Structure of Democracy  

Richard H. Pildes

Print publication date:
Aug 2008
Online publication date:
Sep 2009
At both the macro and micro levels, law and political science have become increasingly intertwined in understanding the causes and effects of democratic institutions and processes. Recent ... More

Legitimacy of the Modern Age?: Hans Blumenberg and Carl Schmitt  

Alexander Schmitz

Print publication date:
Jan 2017
Online publication date:
Dec 2014
The opposition between religiosity and secularism is the key to both a discourse-historical epochal threshold and the question of the self-understanding of Western modernity. The ... More

Natural Law  

Robert P. George

Print publication date:
Aug 2008
Online publication date:
Sep 2009
Theories of natural law propose to identify fundamental aspects of human well-being and fulfillment (“basic human goods”), and norms of conduct entailed by their integral directiveness or ... More

Rights in Legal and Political Philosophy  

Matthew H. Kramer

Print publication date:
Aug 2008
Online publication date:
Sep 2009
Analytical questions about legal rights concern matters such as the fundamental characteristics of those rights, the relationships between those rights and other legal positions such as ... More

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