Distinktion No 2 2001:
Carl Schmitt and the Problem of Sovereignty

Editorial: Schmitt and the Problem of Sovereignty

Jakob Als Thomsen: Political Romanticism (in Danish)
The article deals with Schmitt's 1919 publication Politische Romantik. Schmitt's analysis and critic of the romantic movement for performing a dangerous form of poetization and aesthetization is analysed, and it is being argued that Schmitt 1919 attack on political romanticism became an important foundation for his later decisionist critic of liberalism. Finally the question of Schmitt's own political romanticism is touched upon.

Carl Schmitt: Political Theology (in Danish)

Gorm Harste: Jean Bodin on Sovereignty, State and Central Administration. Unity or Complexity? (in Danish)
Displaying the historical context of Jean Bodin's plea for a sovereign monarchy amidst the French Wars of Religion at the second half of the 16th century, the article demonstrates the new character of Bodin's endeavours. Being strongly opposed to any form of tyrannical or despotic power Bodin gave natural right a new importance, less in his argument for a catalogue of sovereign powers than in his substantial redescription of the state as an organised apparatus. Officers and commissionaires were not only committed by command and loyalty but by the natural form of an obligatory rule of law. This shall not be confused with a neglect of the philosophy behind the traditional 'right to opposition'. Thus Bodin saw that the rise of state administration, induced by the military, implied a reconstitution of government as something new: a state. Such a complex differentiation of state power does not correspond to such popular and 'realistic' descriptions of the foundations of sovereignty of which Carl Schmitt's formula of sovereign determination might be the most articulated.

Marcus Llanque: Schmitts deconstruction of the concept of democracy (in Danish)
Carl Schmitt is famous both for his concept building and his disclosure of some contradictions in the concept of liberal democracy. His methodological perspective of 'radical' analysis wants to reach the metaphysical grounds of political concepts. Hence his deconstructive method has had great influence on western Germany political theory, as we can observe in the case of Jürgen Habermas. But there is only a thin line between a deconstructive work with enlightening results on the one side and destructive effects on the other in order to destabilize unfavored political institutions like parliament and judicial review. A measure in distinguishing both sides can be found in the synthetical work of Schmitts positive conclusions from his analytical work do by far not reach the niveau of his analytical work. Therefore we have to differentiate between his analytical influence on political theory, which can be estimated as widespread, and his influence with regard to his positive concepts, which are much more limited.

Friedrich Balke: Political existence and 'bare life'. The biopolitics of Carl Schmitts (in Danish)
The article explores the biopolitical dimension of Schmitt's Weimar writings. Drawing upon Agamben and Foucault it is shown that the schmittian concepts of sovereignty and the state of exception are related to a fundamental exclusion of the inner enemy. This enemy is not just the other or the political opponent, but is external to the rule of law altogether. The very being of the enemy is what has to be excluded and eventually eliminated in the constitution of a political existence. Thus already the early Schmitt has a biopolitical dimension. It is also shown that Schmitt in his legal conception of the state of emergency drawns upon a long Prussian tradition of 'Schutzhaft'.

Lars Bo Larsen: The diabolic legality. Carl Schmitt and the Supreme Court on Danish Suvereignty (in Danish)
The constitutional approach of Carl Schmitt has been subjectet to a significant amount of theoretical discussions. But is it still relevant as a legal approach? The article undertakes to show that the schmittian notion of a political kernel in the constitution still has a surprising actuallity as regards the legal complications of some members states ratification of the European Treaties. Through the schmittian approach it is possible to gain a more adequate understanding of the legal problems. On the other hand, though, this opens for a discussion of how to understand the decisionism of Carl Schmitt - if possible at all.

Paulina Ochoa: World Citizenship vs. State Sovereignty. Decisionism, Political Theology and the Possibility of Democracy without a State (In English)
The arguments in favor of 'world-citizenship' (a form of democratic governance that could transcend the sovereign nation-state) are often opposed by realist criticism that emphasizes the possibility of conflict between bounded political units. This article tries to explain this opposition through Schmitt's concept of 'the political', but it argues that the distinct opposition between friend and enemy is not enough to account for the legitimacy needed to establish political units. The unity and continuity of the modern state relies partially on the historical residues of pre-modern concepts and practices, and although these have remained determinant in modernity, they are not essential, nor static, and they could eventually change.

Interview with Jens Bartelson: The End of Sovereignty (in Danish)

Book Reviews