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The End of Law William E. Scheuerman

The End of Law By William E. Scheuerman

The End of Law by William E. Scheuerman


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Summary

Scholarly and political interest in the controversial 20th Century German thinker Carl Schmitt has exploded in the last twenty years. This volume, focusing directly on Schmitt's complex ideas about law, situates his views within broader debates about the rule of law and its fate, taking seriously his Nazi-era political and legal writings.

The End of Law Summary

The End of Law: Carl Schmitt in the Twenty-First Century by William E. Scheuerman

Scholarly and political interest in the work of the controversial 20th Century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman's important book was first published. However, Scheuerman's work remains distinctive. Firstly, it focuses directly on Schmitt's complex ideas about law situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt's Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek, Hans Morgenthau, Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example debates about counterterrorism and emergency government, and the rise of authoritarian populism.

The End of Law Reviews

Twenty years ago, Scheuerman's account of Schmitt's political theory questioned the political consequences of CLS and other radical criticisms of the tradition of democratic legalism. The new chapters for this much-needed second edition take the argument further, showing how Schmitt's ideas of emergency and sovereignty undermined law and democracy in the name of one-man, patriarchal rule. -- Peter C. Caldwell, Samuel G. McCann Professor, Rice University

About William E. Scheuerman

William E. Scheuerman is Professor of Political Science and International Studies at Indiana University.

Table of Contents

Preface Acknowledgments Introduction: Why Carl Schmitt? Part One: The Jurisprudence of Lawlessness 1. The Crisis of Legal Indeterminacy 2. The Decay of Parliamentarism 3. The Critique of Liberal Constitutionalism 4. The Total State 5. After Legal Indeterminacy? 6. Indeterminacy and International Law Epilogue to Part One: Carl Schmitt in the Aftermath of the German Catastrophe Part Two: Carl Schmitt in America 7. Carl Schmitt and the Origins of Joseph Schumpeter's Theory of Democratic Elitism 8. The Unholy Alliance of Carl Schmitt and Friedrich A. Hayek Part Three: Carl Schmitt's Twenty-First Century 9. States of Emergency 10. Counterterrorism 11. States of Emergency Beyond the Nation State? Conclusion: Carl Schmitt Now? Notes Index

Additional information

NLS9781786611550
9781786611550
1786611554
The End of Law: Carl Schmitt in the Twenty-First Century by William E. Scheuerman
New
Paperback
Rowman & Littlefield International
2019-10-16
358
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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