The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid anti-semitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of (...) dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context. (shrink)

The Dual State, first published in 1941, remains one of the most erudite books on the legal origins of democracy and dictatorship. It provided the first comprehensive analysis of the rise and nature of National Socialism, and was the only such analysis written from within Hitler's Germany. Fraenkel's concept of the dual state, being the normative state and the the prerogative state. It retains its vital relevance for the theory of democracy in the twenty-first century. The Dual State considerably influenced (...) scholars studying and working on questions of political justice in the period following World War II, particularly in the context of political and legal theory; in the domain of legal history; in the area of constitutional theory; in the context of comparative politics; and in what has become known as the field of comparative constitutional law. This republication of Fraenkel's classic work makes it once again widely available to scholars and students in the field. It includes both Fraenkel's 1974 introduction to the German second edition, never before published in English, and a new introduction by Dr Jens Meierhenrich, examining the world in which The Dual State was originally published, and the lasting legacy of this classic work. (shrink)

Why, then, has Anglo-American jurisprudence remained staunchly indifferent to history? How has it been able to maintain its confident assumption that the analytical and the historical can be neatly...

One of the most important challenges for the occupation of Iraq has been making decisions about the status of people who were either responsible for or who passively benefited from the regime’s past injustices.

. This article inquires into the social function of guilt, especially collective guilt, and the implications thereof for collective violence and collective memory. The focus is on the relationship between collective violence and collective memory in countries that have experienced cultural trauma, defined as a dramatic loss of identity and meaning, a tear in the social fabric. Analyzing the dynamics—the mechanisms and processes—of remembering and forgetting such trauma, I argue that the idea of collective guilt is essential for making sense (...) of collective violence and collective memory. Specifically, I show that collective violence requires collective action; that collective action produces collective guilt; that collective violence generates perceptions—and misperceptions—of collective guilt; and that collective memory is formed, deformed, and transformed by perceptions—and misperceptions—of collective guilt. The article uses illustrative data from a variety of cases to illuminate these dynamics. It concludes by explaining why understanding these dynamics is imperative for responding to historic injustice in the twenty‐first century.Flash‐backs falsify the Past:they forgetthe remembering Present. (shrink)

The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and (...) critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century. (shrink)