131214840-Carl-Schmitt
131214840-Carl-Schmitt
131214840-Carl-Schmitt
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Page 46<br />
tiation and a certain compromise, just as deism can be conceived as a metaphysical<br />
compromise. 41 By contrast, Condorcet's absolute rationalism negates the division of powers<br />
and destroys both its inherent negotiation and moderation of state powers and the<br />
independence of the parties. To his radicalism, the complicated balancing of the American<br />
constitution appeared subtle and difficult, a concession to the peculiarities of that land, one of<br />
those systems "where one must enforce the laws and in consequence truth, reason and<br />
justice," 42 and where one must sacrifice "rational legislation" to the prejudices and stupidity<br />
of individual people. Such rationalism led to the elimination of balance and to a rational<br />
dictatorship. Both the American constitution and Condorcet identify law with truth; but the<br />
relative rationalism of the balance theory was limited to the legislative and logically limited<br />
again within parliament to a merely relative truth. A balance of opinions achieved through<br />
the contradiction and opposition of the parties can as a consequence never extend to absolute<br />
questions of an ideology, but can only concern things that are by their nature relative and<br />
therefore appropriate for this purpose. Contradictory oppositions eliminate parliamentarism,<br />
and parliamentary discussion assumes a common, indisputable foundation. Neither state<br />
power nor any kind of metaphysical conviction is allowed to appear immediately within its<br />
sphere; everything must be negotiated in a deliberately complicated process of balancing.<br />
Parliament is the place where one deliberates, that is, where a relative truth is achieved<br />
through discourse, in the discussion of argument and counterargument. Just as a multiplicity<br />
of powers is necessary for the state, so every parliamentary body needs multiple parties.<br />
In German liberalism during the first half of the nineteenth century, these ideas were already<br />
bound up with historical thought. Surely the balance theory, with its elasticity and mediating<br />
capacity, could also integrate historical thought into its system. It is of great interest how the<br />
mechanical conception of balance was developed within nineteenth-century German<br />
liberalism in a peculiar way into a theory of organic<br />
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