Koselleck Stuttgart, , — Koselleck, Kritik und Krise, 39— According to Koselleck, the problem history. It ries, Koselleck begins the article with the statement that all was this condition that Koselleck appealed political leaders to put concepts have a counter-concept and that some concepts are an end to by reinserting a more responsible basis for political asymmetrical in such a way that they exclude mutual recognition. Flasch, Die geistige euthanasia and genocide. Weinrich Kosellecks, ed. See Schmitt, Der Nomos der Erde, 71—5.
Hence the cited passage mutual recognition and respect between the political groups is indicates that, in the early s, his investigation into the established. And what role did the study.
Further investigations into unpublished material are Schmitt and his work play in the origins of the concept? On the one needed to answer this question. In the following, we will leave the hand, the intense tone and the chaotic structure of the letter issue and instead take a closer look at the processes through which suggest that the concept was in a process of development when he Koselleck created and positioned his project and himself against wrote the letter.
It should also be stressed that Koselleck presented other scholars. The focus will be on how he drew on and deviated his ideas after thanking Schmitt for taking an interest in his work from the intellectual discourses that he found in respectively once again during his recent visit to Plettenberg.
This might Martin Heidegger and Carl Schmitt and in the historical profession. It was in a note to this s and the s. Zeit, proceed from Sorge anxiety to death — without stating A common feature of his reception of notions from works such as anything about the afterlife — to develop categories that in their Der Begriff des Politischen and Sein und Zeit is that he substantially apparent formality could not avoid the accusation of being formalized and depoliticized their analytical potential before he immoral.
In Nomos der Erde, two sources of inspiration in highly different ways. Instead of acknowledging subsequently construct his scholarly identity and work around these the anthropologically given human limits and possibilities as experiences. Koselleck In the letter to Schmitt from January , the same ironic tone always remained more subtle in expressing his intellectual— is present when Koselleck explained how, in the post-war years, political deviations from Schmitt than from Heidegger. The reason Sein und Zeit presented a normative program and a pathos toward was undoubtedly that Koselleck was personally closer to Schmitt.
Downloaded by [Copenhagen University Library] at 08 May which he was deeply sceptical. I have learned as much from this not to emphasize this. Instead of religious slogan Gott mit uns. If so, this was, as vade-mecum. When, in this particular philosophical traits and normative dimensions in the book. Leben-Werk-Wirkung, ed. First of all, in the published version of 51 Gott mit uns was the slogan of the Prussian royal house from and the Kritik und Krise, the severe criticism of Meinecke was deleted, along German emperor and a part of the Prussian and later German military emblem.
For the history of the slogan, see G. Jahrhundert, ed.
Krumreich, H. Lehmann analyses with analyses of sociological conditions. Rentsch, the note is presumably to be found in considerations in respect to Das Sein und der Tod. Bemerkungen zu Kosellecks Heidegger-Handbuch. Koselleck, W. Stempel Munich, Koselleck, Kritik und Krise, 4.
To be sure, in the early s, a historical—philosophical situational analysis that is based on to venture into a direct confrontation with the Nestor of the historical erudition. He also Konstanz. Not because his project aimed to renew the most important analytical feature that Koselleck took with him theoretical—methodological fundament of the discipline, but from the dissertation was his new concept of history. As late as , Koselleck is front of us is not a piece of historical writing. Die community, see F. For recent academic community, — Cambridge, See also F.
Fillafer, E. Schmitt 59 H. In the citation, Kuhn presumably alluded to the many review. On page of the later editions of Kritik und Krise. In the cited passage, Schmitt referred to several occasions, also Koselleck referred to the similarities between the two books. See renaissance of German literature in the eighteenth century was due to the rise of R. Prussia as a European power, and that there was a close connection between the Reden zum First of all, they do writings of only a few scholars that were well known to the certainly not appear in all his texts, and, secondly, they are rarely receiver of the letter and therefore not described in depth.
As such, Koselleck not only went status of the categories and their relation to other epistemologies. The letter is characterized by a very imaginative, but pursue in the following forty years. The Commission decided to reject this claim. There will be a special focus on examining the relationship between constitutional change and legal unity. The Catalonian constitutional crisis is a recent example of an attempt of constitutional change and the need for an adequate theory of constitutional revision in light of legal unity.
In contrast to Acts of Parliament, many formal, written constitutions therefore contain an amendment or revision procedure. That problem will be theoretically analysed in this article in light of the legal unity of Spain. An important limitation of this article is that the Catalonian constitutional crisis will be discussed from the point of view of a Dutch scholar who has no direct access to Spanish sources, and has to rely on Dutch, English and German sources. Certain misrepresentations of what is at stake in the Catalonian constitutional crisis therefore cannot completely be avoided.
Another limitation lies in the focus on a constitutional theoretical analysis of the Catalonian constitutional crisis, which touches upon questions of political philosophy. First, some light will be shed on the historical-political background of the Catalonian constitutional crisis to understand what is at stake. In the next part the concept of legal unity is addressed. After that, the Catalonian constitutional crisis is analysed with the constitutional theory of the German constitutional scholar Carl Schmitt.
This theory can provide an explanation of the constitutional crisis, but also sets out that in some respects the theory is flawed. To prove this point, the third part of this paper discusses the position of Hugo Krabbe, a Dutch constitutional scholar and contemporary of Schmitt. In contrast to Krabbe, Hart does not offer a fully elaborated theory on constitutional revision. To understand what is at stake for both the secessionists and the central Spanish government in the current Catalonian constitutional crisis it is important to understand its historical background. From a mere geographical standpoint, one would assume that because Spain shares the Iberian Peninsula only with Portugal this would be one of the first areas in Europe where a unified state would emerge.
This was not the case. Only at the start of the 18 th century, with the ascension of the Bourbons to the Spanish throne, endeavours were undertaken to centralise the country. Spain was centralised after the French model of centralisation. The current Spanish Constitution, on the contrary, revived the old decentralised tradition. The status of Autonomous Community can be obtained in either a slow or fast way. Because of the anti-decentralisation agenda of the military in the young post-Franco Kingdom of Spain, the 29 December Spanish Constitution, which reinforced decentralisation to suppress the sentiments of parts of the military, was on top of the political agenda.
In the period between and , 13 statutes of autonomy were enacted. The political balance of powers resembles the national, central government, for example; the members of parliaments of the Autonomous Communities elect one of their members as president of the council. Despite the constitutional arrangements regarding the Autonomous Communities, the topic is still very sensitive.
An important stage in the development of the Catalonian constitutional crisis was the verdict of the Spanish Constitutional Court in , which was a complaint brought before the Court by the Partido Popular , the political party of Prime Minister Rajoy. The complaint of the Partido Popular was directed against the Statute of Autonomy of Catalonia, which was passed by the national parliament and by referendum of the Catalonian people. After a four-year-deliberation on 28 June , the Constitutional Court decided that 14 articles were unconstitutional and another 27 articles were curtailed.
One of the most salient parts of the judgement was that the Catalan language no longer had, as was put down in the Statute of Autonomy of Catalonia, preference over the Spanish language in Catalonia. Three conceptions of legal unity can be discerned.
In the first place, a division can be made between two types of legal unity claims. The first claim of legal unity is the distinction between form and content. The distinction between form and content of the law is at the core of the tradition of legal positivism. Unity of content centres around the idea that law is united in the sense that there are no contradictions within the law.
Legal unity in this sense can either be viewed as logical coherence or coherence of content. Logical coherence was boiled down to the question addressed by Dick W. The process of law creation however, always produces unforeseeable conflicts between legal rules, and thus, these conflicts, and the rules to resolve conflicts, are inevitable. The typical set of these conflict rules consists of the rules of lex superior, lex specialis and lex posterior. In this project, coherence is not assessed as a logical prerequisite of a legal order, rather, it addresses the relationship between law and morality.
It has been aptly criticised by Joseph Raz. A third conception of legal unity is the claim of political unity. Legal unity as political unity fits the picture of the territorial demarcated, national state. The German constitutional law theorist Georg Jellinek developed the classic conceptualisation of the state in his three elements doctrine Drei-Elemente-Lehre.
Schmitt, Carl [WorldCat Identities]
Constitutions have played a key role in providing and expressing the political unity of the legal order. Especially with the rise of written or formal constitutions at the end of the 18 th century, constitutions contained provisions on jurisdiction and regulations of public institutions and the organisation and competences of the judiciary.
These provisions had the goal to create a clearly organised unity within the legal order by defining and regulating state competencies. Besides these organisational provisions, most written constitutions also provide a set of norms expressing political unity. In the preambles of the American, French and German Constitutions, the will of the people, as the constitution- giving power, is directly expressed.
Therefore, legal unity can also address the expression of the people — or a certain group — to be politically united, and can be discerned from a mere legal organisational unity. As will be made clear under parts II. B and II. As mentioned in the introduction, the goal of this article is to investigate constitutional change in light of legal unity and, the Catalonian constitutional crisis is taken as a case study of constitutional change in which legal unity is at stake.
The Catalonian constitutional crisis shows that the amendment procedure in Part X of the Spanish Constitution only partly answers the question of constitutional change. The Catalonian government wished to change the Spanish Constitution without using the procedure laid down in the written constitution of the Kingdom of Spain. The Spanish Constitution, as such, did not have a provision allowing for the secession of certain territorial unities belonging to the Kingdom of Spain. To achieve its wish, the Catalonian government needed to claim a constitutional amendment procedure, which was not laid down in the written constitution.
Reijer Passchier distinguishes between formal and informal constitutional change. This was a one-sided claim by Catalonia to have authority over the decision of its independence, despite the fact as mentioned, that the Spanish Constitution does not contain a provision allowing secession. Such constitutional amendment procedures outside the written constitution can only be successful if they meet acceptance of other constitutional actors within the Spanish constitutional realm. A distinction must be made between the rules of existing constitutional law, which contain foreseen ways of amending constitutions, and cases that go beyond the regulation of the existing constitutional law.
The amendment procedure is a part of a specific constitution, for example Part X of the Spanish Constitution. Many constitutions contain provisions that are excluded from amendment. Article of the Spanish Constitution refers to the normal competences of the initiation legislation.
Schmitt, Carl 1888-1985
According to the first paragraph of article 87, the government, the Congress, or the Senate can initiate revision of the Constitution. The second paragraph states that the Parliaments of the Autonomous Communities can also initiate a constitutional referendum. Popular initiatives, in the third paragraph of article 87, are excluded from initiating constitutional revision, and are therefore restricted to normal legislation.
The strengthened procedure is laid down in article of the Spanish Constitution. Partial revisions that do not affect these parts of the Constitution fall under the lighter revision procedure of article This light procedure was followed at the constitutional revisions in and in , 49 and demands that in both houses the amendment is approved by a three-fifths majority. After that, the Congress can, according to the second paragraph, pass the amendment by a two-thirds majority of its members.
Within 15 days, according to third paragraph, one tenth of the members of both houses can demand that the proposed amendment is submitted to a binding referendum. Partial revisions that fall under the scope of the Preliminary Title, Chapter Two, Section 1 of Title I, or Title II are subject of the strengthened procedure that requires in both houses a two-thirds majority of their members to agree with proposed amendment.
After passing the first round, the two houses are dissolved and the newly elected houses must vote on both the principle and the text of the proposed amendment by a two-thirds majority. After that, the amendment procedure is subject to a binding referendum. There are some significant parallels between the Catalonian constitutional crisis and the work of the German constitutional law theorist, Carl Schmitt.
Only in some cases a provision from a statute determines the outcome of the case the judgment. His proposed solution is to introduce, besides statutory law, other determinants for the outcome in legal cases. In Statute and Judgment this other determinant is the legal practice itself; the judge is making the right decision if another judge would make the same decision in a similar case. In his later works the focus of the indeterminacy problem is shifted from the judge to the public officials, such as the imperial government or the imperial president, under the constitution of the Weimar Republic.
The next section demonstrates that Schmitt is wrong on this point. Hart on the determinacy of law. In part III. A this side note is further developed. It was already clear in relation to his early work that Schmitt fundamentally opposes this position. For him, the law — the set of legal norms — is to a very large extent underdetermined, almost completely indeterminate. It is an unregulated case. Especially on the side of the Catalan government, the unforeseeability of the constitutional situation has been stressed; the Spanish Constitution of does not provide the possibility of regulation of independence of the Autonomous Communities.
The romantic person acts in such a way that his imagination can be affected. He acts insofar as he is moved. Thus an action is not a performance or something one does, but rather an affect or a mood, something one feels.
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The product of an action is not a result that can be evaluated according to moral standards, but rather an emotional experience that can be judged only in aesthetic and emotive terms. These observations lead Schmitt to a profound reflection on the shortcomings of liberal politics. Apart from the liberal rule of law and its institution of an autonomous private sphere, the romantic inner sanctum of purely personal experience could not exist. Without the security of the private realm, the romantic imagination would be subject to unpredictable incursions.
Only in a bourgeois world can they individual become both absolutely sovereign and thoroughly privatized: a master builder in the cathedral of his personality. An adequate political order cannot be maintained on such a tolerant individualism, concludes Schmitt. The concept of the political by Carl Schmitt Book editions published between and in 8 languages and held by 2, WorldCat member libraries worldwide In this, his most influential work, legal theorist and political philosopher Carl Schmitt presents a scathing critique of modern liberalism - a critique as cogent today as when it first appeared.
George Schwab's introduction to his translation of the German edition highlights Schmitt's intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. Strong placing Schmitt's work into contemporary context. Constitutional theory by Carl Schmitt Book editions published between and in 8 languages and held by 1, WorldCat member libraries worldwide Carl Schmitt's magnum opus, written during the Weimar regime, wherein Schmitt challenges the theories and practices of Western constitutional government, claiming that classical conceptions of democracy cannot be transposed onto modern political lif.
The crisis of parliamentary democracy by Carl Schmitt Book 99 editions published between and in 5 languages and held by 1, WorldCat member libraries worldwide Described both as "the Hobbes of our age" and as "the philosophical godfather of Nazism," Carl Schmitt was a brilliant and controversial political theorist whose doctrine of political leadership and critique of liberal democratic ideals distinguish him as one of the most original contributors to modern political theory.
The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. First published in , it has often been viewed as an attempt to destroy parliamentarism; in fact, it was Schmitt's attempt to defend the Weimar constitution. The introduction to this new translation places the book in proper historical context and provides a useful guide to several aspects of Weimar political culture.
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