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2022年6月 6日 (月)

Masao Maruyama, "Carl Schmitt (Schmitt-Dorotic) (1888-1985)," 1954

First published in: "Encyclopedia of Political Science" edited by Tetsu Nakamura, Masao Maruyama, and Kiyoaki Tsuji, 1954, Heibonsha, under the title "Schmidt".
Source: Maruyama Masao shu, Vol. 6, 1995, Iwanami Shoten, pp. 89-91


Masao Maruyama, "Carl Schmitt (Schmitt-Dorotic) (1888-1985)," 1954

 German public law and political scientist. In October 1933, soon after the Nazi seizure of power, he was appointed full professor at the University of Berlin. In October 1933, soon after the Nazis seized power, he became a full professor at the University of Berlin and also served as a member of the Prussian House of Councillors, participating in political affairs and important legislative matters. Although his theories were eventually criticized by various scholars representing the more orthodox positions of the Nazis and by the party press, and he lost some of his authority and popularity, he remained a leading figure in Nazi and legal circles until the end of World War II. After the war, he was deprived of his position and imprisoned until 1947, but has since returned to academia, publishing works in the fields of international law and the history of ideas.
 Carl Schmitt was one of the few Nazi scholars of national law and politics who already had a solid academic reputation during the Weimar Republic. His active stance evolved from the strongly Catholic normativism of his early writings, through determinism( Dezisionismus od. Entscheidungsdenken ), to the idea of a concrete order( Konkretes Ordnungs-und Gestalungsdenken ), but the consistent thread was the subversion of liberal conceptualizations of law and politics. In law, this was manifested as a critique of legal positivism from Lavant to Kelsen; in state studies, as an overcoming of the neutralizing and depoliticizing tendency( Neutralisierung und Entpolitisierung ) of the modern state; and in political science, as a refutation of parliamentary politics and political pluralism. In line with Schmitt's conviction that all political concepts have a contentious character that presupposes the existence of an "enemy," his theory excels in its sharp polemic, and his unique way of thinking is to elucidate the normal from the abnormal and to define the essence of law, sovereignty, and politics from the exceptional (war, revolution, and dictatorship). On the other hand, the negative aspect of his theory was always emphasized over the positive and constructive aspect, and the formality and implicitness of pure juristic normativism were simply subverted and reproduced in Schmitt's concept of "pure" decision. He later attempted to reinforce this deficiency in his proposal for a tripartite national structure of state-movement-nation and in his concrete theory of order, but he was not always successful. Although his theory was appropriate for the stage of the Nazi power struggle, it was inadequate as an ideology to legitimize and rationalize the established regime, which is why he was subjected to such harsh criticism by O. Körreuter and others. However, Schmitt's political romanticism, his historical studies of early modern sovereignty theory, his elucidation of constitutional power, his analysis of the concepts of politics and war, and his examination of the spiritual foundations of parliamentarism and anti-parliamentarism have not only transcended his political position but also continue to provide insights that are still relevant today.


Schmitt's main published works
(to early 1950s.)

Der Wert des Staates und die Bedeutung des Einzelnen, 1914.
Politische Romantik, 1919.
Die Diktatur, 1921.
Politische Theologie, 1922.
Die Geistesgeschichtliche Lage des Heutigen Parlamentarismus, 1923.
Der Begriff des Politischen, 1927.
Verfassungslehre, 1928.
Legalität und Legitimität, 1932.
Staat, Bewegung, Volk, 1933.
Über die drei Arten des Rechtswissenschaftlichen Denkens, 1934.
Der Leviathan in der Staatslehre des Thomas Hobbes, 1938.
Die Wendung zum diskriminierenden Kriegsbegriff, 1938.
Völkerrechtliche Großraumordnung, 1939.
Der Nomos der Erde im Völkerrecht des Jus Publicum Europaeum, 1950.
Donoso Cortes in gesamteuropäischer Interpretation, 1950.
Ex captivitate Salus. Erinnerungen der Zeit 1945/47, 1950.

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« 丸山真男「シュミット Carl Schmitt (Schmitt-Dorotic)(1888-1985)」、1954年 | トップページ | 木村敏『時間と自己』1982年中公新書「あとがき」 »