131214840-Carl-Schmitt

citation above is taken from Condorcet's "Rapport sur le projet girondin," in Archives
parlementaires, vol. 58, 583 (quoted by Barthélemy).
Page 102
36. Titre VII, sect. II, art. 3, in "contrast" to laws the characteristic of decrees are "local
or particular application, and the necessity of their being renewed after a certain period."
The constitution of June 21, 1793 (articles 54 and 55), defined the concept of law in the
usual way, according to subject matter. Leon Duguit and Henry Monnier, Les
Constitutions et les principales lois politiques de la France depuis 1789 (1915), 52.
37. G. W. F. Hegel, Enzyklopädie, sect. 544. [There were three editions of Hegel's
Enzyklopädie; this paragraph does not appear in the first one (1817) but was included in
Karl Rosenkranz's edition (Berlin: L. Heimann, 1870). The paragraph continues with a
critical discussion of the concept of a check on government through the budget law. It
concludes by rejecting the theory of balance of powers within the state as "a
contradiction of the fundamental idea of what a state is" (449). —tr.]
38. Ernst Zitelmann, Irrtum und Rechtsgeschäft (Leipzig: Duncker & Humblot, 1879).
39. [Tr.] Duguit and Monnier, Les Constitutions, 260.
40. Alexander Hamilton, The Federalist Papers, No. 70 (March 18, 1788). Montesquieu
(L'Esprit des lois, Bk. XI, chap. 6) is also of the opinion that the executive must be in the
hands of a single person because it requires immediate action; legislation by contrast can
often better (as he cautiously puts it) be decided by many rather than by one man. On
popular representation Montesquieu makes the characteristic remark that the great
advantage of the representatives is that they "are able to discuss affairs. The people are
not at all capable of that; and that is one of the great inconveniences of democracy." The
distinction between legislation as advice and reflection and execution as action can be
found again in Sieyès. Cf. his Politische Schriften (1796), vol. 2, 384.
41. That deism maintains that God is an otherworldly authority is of great importance for
the conception of a balance of powers. It makes a difference whether a third person
holds the balance or the balance derives from counterbalancing forces. Swift's remark in
1701 is typical of the first conception of balance (and important for Bolingbroke's theory
of balance): "The 'balance of power' supposes three things: first, the part which is held,
together with the hand that holds it; and then the two scales with whatever is weighed
therein." I am grateful to Eduard Rosenbaum for calling my attention to this citation; cf.
also Weltwirtschaftliches Archiv, 18 (1922), 423. [Schmitt's Citation of Swift is taken
from Eduard Rosenbaum's article "Eine Geschichte der Pariser Friendenskonferenz,"
which was a review of H. W. V. Temperley's A History of the Peace Conference of
Paris, 5 vols. (London: Henry Frouda, Hodder & Stoughton, 1920–21). —tr.]
42. Condorcet, Oeuvres, vol. 13, 18.
43. [Tr.] Cf. Schmitt, Politische Romantik (1919).
44. G. W. F. Hegel, Rechtsphilosophie (1821), sects. 301, 314, 315, and see sects. 315
and 316 for the citations which follow in the text. [English citations are taken from T. M.
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