Schmitt-Political Theology I.pdf - Townsend Humanities Lab

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Foreword xxxiii the “war against terrorism” have in effect no status at all, not even that of a person charged with a crime. 65 Schmitt had followed a sovereign for a while and then renounced him. (In his testimony at Nuremberg he identifies 1936 as the date when he “renounced the devil,” presumably after the attack on him in Das schwarze Korps.) 66 In Benito Cereno, the resolution was not so easy. The chilling and uncompromising end to Melville’s account of these matters is as follows: As for the black—whose brain, not body, had schemed and led the revolt, with the plot—his slight frame, inadequate to that which it held, had at once yielded to the superior muscular strength of his captor, in the boat. Seeing all was over, he uttered no sound, and could not be forced to. His aspect seemed to say: since I cannot do deeds, I will not speak words. Put in irons in the hold, with the rest, he was carried to Lima. During the passage Don Benito did not visit him. Nor then, nor at any time after, would he look at him. Before the tribunal he refused. When pressed by the judges he fainted. On the testimony of the sailors alone rested the legal identity of Babo. And yet the Spaniard would, upon occasion, verbally refer to the Negro, as has been shown; but look on him he would not, or could not. Some months after, dragged to the gibbet at the tail of a mule, the black met his voiceless end. The body was burned to ashes; but for many days, the head, that hive of subtlety, fixed on a pole in the Plaza, met, unabashed, the gaze of the whites; and across the Plaza looked toward St. Bartholomew’s church, in whose vaults slept then, as now, the recovered bones of Aranda; and across the Rimac bridge looked toward the monastery, on Mount Agonia without; where, three months after being dismissed by the court, Benito Cereno, borne on the bier, did, indeed, follow his leader. Tracy B. Strong University of California, San Diego Lyon, France April 2005 65. Agamben, State of Exception, 4, compares their situation to those of Jews in Nazi contentration camps. 66. Schmitt, Ex Captivate Salus, 41.
xxxiv Tracy B. Strong Selected English Language Bibliography Agamben, G. State of Exception. Chicago: University of Chicago Press, 2005. Balakrishnan, G. The Enemy: An Intellectual Portrait of Carl Schmitt. London: Verso, 2000. Bendersky, J. W. Carl Schmitt: Theorist for the Reich. Princeton: Princeton University Press, 1983. Caldwell, P. C. Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitution. Durham, N.C.: Duke University Press, 1997. Cardozo Law Review 21, nos. 5–6 (May 2000) [issue dedicated to Schmitt]. Cristi, R. Carl Schmitt and Authoritarian Liberalism. Cardiff: University of Wales Press, 1998. Diner, D. and M. Stolleis, eds. Hans Kelsen and Carl Schmitt: A Juxtaposition. Tel Aviv: Schriftenreihen des Instituts für deutsche Geschichte, University of Tel Aviv, 1999. Dyzenhaus, D. Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller. Oxford: Clarendon, 1997. Dyzenhaus, D., ed. Law as Politics: Carl Schmitt’s Critique of Liberalism. Durham, N.C.: Duke University Press, 1998. Holmes, S. The Anatomy of Antiliberalism. Cambridge, Mass.: Harvard University Press, 1993. Howse, R. “From Legitimacy to Dictatorship—and Back Again: Leo Strauss’s Critique of the Anti-Liberalism of Carl Schmitt.” In Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller, edited by D. Dyzenhaus, 56–91. Oxford: Clarendon, 1997. Kennedy, E. “Carl Schmitt and the Frankfurt School.” Telos 71 (Spring 1987), 37–66. Lilla, M. “The Enemy of Liberalism.” New York Review of Books 44, no. 8 (May 15, 1997). Meier, H. Carl Schmitt and Leo Strauss: The Hidden Dialogue. Chicago: University of Chicago Press, 1995. Meier, H. Carl Schmitt, Leo Strauss, and “The Concept of the Political.” Chicago: University of Chicago Press, 2003. Mouffe, Ch., ed. The Challenge of Carl Schmitt. London: Verso, 1999. Müller, J. W. A Dangerous Mind: Carl Schmitt in Post-War European Thought. New Haven, Conn.: Yale University Press, 2002. Piccone, P., and G. L. Ulmen, eds. Telos 72 (Summer 1987). Preuss, Ulrich K. Constitutional Revolution: The Link Between Constitutionalism and Progress. Boston: Humanities, 1995. Rasch, W. “Conflict as a vocation. Carl Schmitt and the possibilities of Politics.” In Theory, Culture & Society 17 (2000): 1–32. Scheuerman, W. Between the Norm and the Exception: The Frankfurt School and the Rule of Law. Cambridge, Mass.: MIT Press, 1994. Scheuerman, W. Carl Schmitt: The End of Law. Lanham: Rowman & Littlefield, 1999. Scheuerman, W. “Down on Law.: The complicated legacy of the authoritarian jurist Carl
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