131214840-Carl-Schmitt

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Page 31 the contemporary League of Nations that the League of Nations only guarantees the external status quo of its members and refrains from intervention in their internal questions. 19 But with the same logic that led monarchical legitimacy to intervention, so too can intervention be justified by an appeal to the people's right of self-determination. In the numerous protests against the Soviet government motivated by democratic convictions, the essential presumption of the democratic principle of nonintervention, namely, that a constitution must not contradict the will of a people, is recognizable. If a constitution is imposed and democratic principles are thus violated, then the people's right to self-determination may be restored, and that happens precisely through intervention. An intervention based on the concept of monarchical legitimacy is illegal in democratic theory only because it violates the principle of the people's self-determination. By contrast a restoration of free selfdetermination achieved through intervention, the liberation of a people from a tyrant, cannot violate the principle of nonintervention in any way, but only creates the preconditions for the principle of nonintervention. Even a modern League of Nations based on democratic foundations needs a concept of legitimacy, and as a result of this, it also requires the possibility of intervention if the principle on which it is juridically based should be damaged. 20 Thus, for many juridical investigations today, one can begin with democratic maxims without risking the misunderstanding of having accepted all of the definitions which constitute the political reality of democracy. Theoretically, and in critical times also practically, democracy is helpless before the Jacobin argument, that is, when faced with the authoritative identification of a minority as the people and with the decisive transfer of the concept from the quantitative into the qualitative. Interest is then directed toward the creation and shaping of the popular will, and the belief that all power comes from the people takes on a meaning similar to the belief that all authoritative power comes from God. Both maxims permit various governmental forms and juristic consequences in political reality. A scientific study Create PDF with PDF4U. If you wish to remove this line, please click here to purchase the full version
Page 32 of democracy must begin with a particular aspect that I have called political theology. 21 Because parliamentarism and democracy were so closely allied with each other in the nineteenth century that they could be accepted as synonymous, these comments on democracy must be made first. But democracy can exist without what one today calls parliamentarism and parliamentarism without democracy; and dictatorship is just as little the definitive antithesis of democracy as democracy is of dictatorship. Create PDF with PDF4U. If you wish to remove this line, please click here to purchase the full version
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Page ii Studies in Contemporary Ger
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Page iv Sixth printing, 2000 First
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Page vi 3 Dictatorship in Marxist T
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Page viii a number of reasons. Firs
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Page x the one by Schmitt translate
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Page xiv late 1983: "If formal majo
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Page xvi on condition that this sho
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most cogently set out by Locke, Ben
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Page xx Just how radical Carl Schmi
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Page xxii the republic) Friedrich E
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Page xxiv The Debate On Parliamenta
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Page xxviii verfassung declared the
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Page xxx (to control foreign curren
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Page xxxii ministerial responsibili
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Page 56 and 57: Page 1 Preface to the Second Editio
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Page 132 and 133: Page 77 Appendix: On the Ideology o
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of a representative assembly and it
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Page 83 a third "myth" in our time,
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Page 85 Notes Preface to the Second
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and Social Democrats Create PDF wit
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Page 88 13. [Tr.] M. J. Bonn, Die K
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Page 89 unexamined. Finally democra
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Page 90 Greeks were transferred fro
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Page 91 since 1783," in Robin W. Wi
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Page 92 Press in 1934. Schmitt refe
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movement, which, in his view, threa
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3. Rudolf Smend, "Die Verschiebung
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Page 98 were represented, the king
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Page 99 Tyrants (London: G. Bell &
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citation above is taken from Condor
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Page 104 & Humblot, 1892), 116. [Sc
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Page 106 See James J. Sheehan, Germ
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Page 108 128). [H. Stuart Hughes, T
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Page 109 was an immediate supporter
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Page 111 Bibliography to the 1926 E
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Page 113 Donoso-Cortés, Juan, "Ens
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Landauer, Carl, "Die Wege zur Erobe
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Schmitt, Carl, Politische Romantik.
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Page 119 Bibliographical Note Altho
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Page 121 politics and theory in the
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Page 123 Index A Absolutism, and la
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Page 124 Berstein, Eduard, 72, 105,
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contradictions, 62 in Marx's theory
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defined, 14, 25, 26 as destiny, 23
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Dynamic-Dialectic, xxxix, xli basis
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elation to the political sphere, 11
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Hamburger, Joseph, 86 Hamilton, Ale
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and Australian immigration law, 9 c
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Koellreutter, Otto, 93, 114 Konnex,
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logical character of, 43, 46 method
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traditionalism in, 73 Create PDF wi
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in democracy, 25, 26, 28 Jacobin ar
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and democracy, 8, 16, 17 as a faça
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Parties factions in parliament, 20
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Rohmer, F., 47, 48 Romanticism, 36,
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Page 132 Stein, Carl vom, 109 Stein
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131214840-Carl-Schmitt

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