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The Nomos of the Earth in the International Law of the Jus Publicum Europaeum by Carl Schmitt Translated by G. L. Ulmen Also available in paperback The. Antaki, Mark. “Carl Schmitt’s Nomos of the Earth.” Osgoode Hall Law Journal (): Carl Schmitt offers a fundamental criticism of a way of thinking about politics and Nomos of the Earth, a translation of a book first published in , is the most.

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Constellations ; 11 4: May the United States then justifiably wage war against it? Those who are real enemies, but who need not be each other’s absolute enemies, then, have to find a way to recognize each other, to divide the world among themselves, and to hold down carl schmitt nomos of the earth forces that must reject the territorialization of political conflict.

Here, for once, an abstract principle need not lead to the consequences that Schmitt feared.

Nomos of the Earth | Territorial Masquerades

Hence, it seems that the view that all legitimate political authority depends on legal authorization is not o indefensible as Schmitt suggests Kaufmann— The carl schmitt nomos of the earth also suggests, against past scholarship, that Arendt thought justice should play a central role in politics.

Even where, as in Weimar, the positive constitution provides a procedure that schmott to allow for the amendment of any particular constitutional norm, it is to be understood, Schmitt argues, that the core constitutional principles chosen by the constituent power are not open to formal abrogation.

Schmitt claims that one cannot judge, from an external perspective, that a group is morally unjustified nokos defining its own identity in a certain way and to introduce political enmity, with the attendant possibility of killing, to preserve that identity. Schmitt is carl schmitt nomos of the earth deterred by the paradox and relentlessly presses his cases against “theological” attempts to establish rules for just war. Retrieved 10 July The old order, it appears, was capable of producing a war of appalling death and destruction.

Arendt and the Nomos of political community. Schmitt, moreover, vehemently xchmitt against the idea that the protection of the constitution ought to be assigned to a constitutional court.


Oxford University Press, pp. The libertarian can reject the punishment of nations that “aggress,” for carl schmitt nomos of the earth the reasons that Schmitt has so carl schmitt nomos of the earth set forward. For it to be possible for groups that are related by enmity nevertheless to co-exist in a shared framework which limits the consequences of war mutual enmity must be prevented from reaching the level of absolute enmity.

During the Nazi-period, Schmitt applied this view to a justification of Nazi-aggression, by portraying Nazi-Germany as a local hegemon willing to support a global territorial division based on a principle of non-intervention. Materialien zu einer VerfassungslehreBerlin: Schmitt holds that twice during the history of Europe, an order of this sort has been established.

And one is tempted to say that Schmitt’s theory turns out to be philosophically irrelevant if this is really the last word. Despite the seeming contradiction, he sees the JPE as Eurocentric global international law Aufzeichnungen der JahreBerlin: InSchmitt gave lectures in Francoist Spaintwo of which resulted in the publication, the next year, of Theory of the Partisan Telos Press,in which he characterized the Spanish Civil War as a “war of national liberation” against “international Communism”.

As long carl schmitt nomos of the earth the political theologian can make sure that the friend-enemy distinction survives, liberals will be forced to enter the arena of the political and to go to war against the partisans of the political.

It is impossible to anticipate the nature of future emergencies and to determine in advance what means might be necessary to deal with them. Four Chapters on the Concept of Sovereigntytrans. BeforeSchmitt employed this argument to oppose a Nazi seizure of power Machtergreifung in legal form Bendersky— In Schmitt’s view, there can be no functioning legal order without a sovereign authority PT 5—35; Dyzenhaus42—51; McCormick—56; Hofmann49—64; Kennedy54—91; Kahn31—61; Croce carl schmitt nomos of the earth Salvatore13— The Concept of the Political and the Critique of Liberalism 4.

Schmitt ascribes the common view that Vitoria was an advocate of modern just-war theory to a campaign of historical propaganda, led by jurists who wanted to make aggressive war a criminal offense. Liberal states, in Schmitt’s view, have a tendency to fail to distinguish properly between friends and enemies, and thus to extend rights of membership to those who do not truly belong to the political nation.

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Carl Schmitt

Schmitt seems to admit that a global hegemon might cqrl day be able to enforce a global de-politicization, by depriving all other communities od the capacity to draw their own friend-enemy distinctions, or that liberalism might one day attain global cultural hegemony, such that people will no longer be interested in drawing friend-enemy distinctions CP 35, Scmhitt for Schmitt the political was not an autonomous domain equivalent to carl schmitt nomos of the earth other domains, but rather the existential basis that would determine any other domain should it reach the point of politics e.

Philosophy and Social Criticism ; 32 7: This nomoshowever, began to unravel in with the signing of the treaty that carved up Africa—an event that also marked the entry of the United States. This condition seems to apply in many contemporary western democracies. As a result, liberalism is unable to provide substantive markers of identity that can ground a true political decision.

Schmitt, Writings on Wartrans. Schmitt defines sovereignty as the power to decide the instauration of state of exceptionas Giorgio Agamben oc noted. Political equality commits us to the denial of natural differences in status among citizens. Do we face a choice between abstract principles that lead to war or the outright embrace of militarism?

The theological partisan of the political, in Schmitt’s view, is as justified in practicing his creed as the liberal cosmopolitan and to engage in a deliberate cultivation of political enmity CPD 65— Biographical Sketch Carl Schmitt’s early career as an academic lawyer falls into the last years of the Wilhelmine Empire.