Carl Schmitt

Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

Now available in English for the first time, Dictatorship is Carl Schmitt’s most scholarly book and arguably a paradigm for his entire work. Written shortly after the Russian Revolution and the First World War, Schmitt analyses the problem of the state of emergency and the power of the Reichspräsident in declaring it. Dictatorship, Schmitt argues, is a necessary legal institution in constitutional law and has been wrongly portrayed as just the arbitrary rule of a so-called dictator. Dictatorship is an essential book for understanding the work of Carl Schmitt and a major contribution to the modern theory of a democratic, constitutional state. And despite being written in the early part of the twentieth century, it speaks with remarkable prescience to our contemporary political concerns.

When Germany was defeated in 1945, both the Russians and the Americans undertook mass internments in the territories they occupied. The Americans called their approach “automatic arrest.” Carl Schmitt, although not belonging in the circles subject to automatic arrest, was held in one of these camps in the years 1945–6 and then, in March 1947, in the prison of the international tribunal in Nuremberg, as witness and “possible defendant.” A formal charge was never brought against him. Schmitt’s way of coping throughout the years of isolation was to write this book. In Ex Captivitate Salus, or Deliverance from Captivity, Schmitt considers a range of issues relating to history and political theory as well as recent events, including the Nazi defeat and the newly emerging Cold War. Schmitt often urged his readers to view the book as though ​it were a series of letters personally directed to each one of them. Hence there is a decidedly personal dimension to the text, as Schmitt expresses his thoughts on his own career trajectory with some pathos, while at the same time emphasising that “this is not romantic or heroic prison literature.” This reflective work sheds new light on Schmitt’s thought and personal situation at the beginning of a period of exile from public life that only ended with his death in 1985. It will be of great value to the many students and scholars in political theory and law who continue to study and appreciate this seminal theorist of the twentieth century.

Written amid the chaos of early Weimar Germany in 1922, Schmitt's Political Theology was translated to English by political scientist and Holocaust survivor George D. Schwab in 1985, but was only available in academic and elite circles until the 2006 publication by the University of Chicago Press. Since then, Political Theology has gained renown among English-speaking dissidents for its hard-hitting analysis on the relationship between political leaders, the norms of legal order, and "the state of exception", as well as his definition of the 'Sovereign'.To Schmitt, the Sovereign is he who has the authority of decision on 'the state of exception', an emergency state of affairs in which the normal legal processes are either invalid or cannot be applied and thus there is no way to act constructively but to break them. Overarching all of this is the existence of 'political theology'; the fact that secularized concepts are fundamentally theological in nature, and the effect this fact has on the political world. The C.J. Miller translation is the second complete English translation of Political Theology, being made available in 2020 to the general public through Antelope Hill Publishing. This translation is truer to the original German and avoids any commentary or apologia for the plain words of Schmitt. The work consists of four essays, which address, respectively: Sovereignty, political power, 'decisionism' (decision theory), and the state of exception.

Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century. Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.

In this, his most influential work, legal theorist and political philosopher Carl Schmitt argues that liberalism's basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state. This edition of the 1932 work includes the translator's introduction (by George Schwab) which highlights Schmitt's intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. It also includes Leo Strauss's analysis of Schmitt's thesis and a foreword by Tracy B. Strong placing Schmitt's work into contemporary context.

In this, his most influential work, legal theorist and political philosopher Carl Schmitt argues that liberalism’s basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state—a critique as cogent today as when it first appeared. George Schwab’s introduction to his translation of the 1932 German edition highlights Schmitt’s intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. In addition to analysis by Leo Strauss and a foreword by Tracy B. Strong placing Schmitt’s work into contemporary context, this expanded edition also includes a translation of Schmitt’s 1929 lecture “The Age of Neutralizations and Depoliticizations,” which the author himself added to the 1932 edition of the book. An essential update on a modern classic, The Concept of the Political, Expanded Edition belongs on the bookshelf of anyone interested in political theory or philosophy.

Theory of the Partisan analyzes a specific and significant phenomenon that ushered in a new theory of war and enmity. It contains an implicit theory of the terrorist, which in the 21st century has ushered in yet another new theory of war and enmity. Consequently, this work is not only of historical interest, but is relevant to contemporary political and military developments and concerns.

Writings on War collects three of Carl Schmitt's most important and controversial texts, here appearing in English for the first time: The Turn to the Discriminating Concept of War, The Großraum Order of International Law, and The International Crime of the War of Aggression and the Principle "Nullum crimen, nulla poena sine lege". Written between 1937 and 1945, these works articulate Schmitt's concerns throughout this period of war and crisis, addressing the major failings of the League of Nations, and presenting Schmitt's own conceptual history of these years of disaster for international jurisprudence. For Schmitt, the jurisprudence of Versailles and Nuremberg both fail to provide for a stable international system, insofar as they attempt to impose universal standards of 'humanity' on a heterogeneous world, and treat efforts to revise the status quo as 'criminal' acts of war. In place of these flawed systems, Schmitt argues for a new planetary order in which neither collective security organizations nor 19th century empires, but Schmittian 'Reichs' will be the leading subject of international law. Writings on War will be essential reading for those seeking to understand the work of Carl Schmitt, the history of international law and the international system, and interwar European history. Not only do these writings offer an erudite point of entry into the dynamic and charged world of interwar European jurisprudence; they also speak with prescience to a 21st century world struggling with similar issues of global governance and international law.