| 1. |
- Arvidsson, Matilda, et al.
(författare)
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Editors’ introduction
- 2016
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Ingår i: The contemporary relevance of Carl Schmitt: law, politics, theology. - 9781315742243 - 9781138822931 ; , s. 1-16
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 2. |
- Arvidsson, Matilda, et al.
(författare)
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From teleology to eschatology: The katechon and the political theology of the international law of belligerent occupation
- 2016
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Ingår i: The contemporary relevance of Carl Schmitt: law, politics, theology. - 9781138822931 - 9781315742243 ; , s. 223-236
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Bokkapitel (refereegranskat)abstract
- While contemporary international law is often understood as teleological, encompassing notions such as progress, development, and prosperity for all of human kind, in this essay the field of the international law of belligerent occupation is read as katechonic, as embodying the figure of the katechon within international law’s eschatology. The essay considers Carl Schmitt’s political theology through his employment of the figure of the katechon, as well as Schmitt’s brief notes on international law of belligerent occupation. The reading that follows is an attempt to put Schmitt’s famous claim that ‘all significant concepts of the modern theory of the state are secularized theological concepts’ to use and to point to the contemporary relevance of Schmitt’s scholarship.
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| 3. |
- Brännström, Leila, et al.
(författare)
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The People. Ethnoracial Configurations, Old and New
- 2020
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Ingår i: Constituent Power : Law, Popular Rule and Politics - Law, Popular Rule and Politics. - 9781474454971 - 9781474455008 - 9781474454995 ; , s. 79-96
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 4. |
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Constituent Power: Law, Popular Rule and Politics
- 2020
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- Recent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of ’the people’ in constitutional democracies to the forefront. This book confronts these questions head on as leading scholars across the fields of law, legal theory, political theory and history explore the contemporary problems facing constitutional democracies. With a strong focus on constitutional law, this book examines the legal as well as the political power of ‘the people’ in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and ‘the people’. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort and Jacques Rancière.
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| 5. |
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| 6. |
- Gill-Pedro, Eduardo, et al.
(författare)
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Claiming Human Rights: The Reflexive Identity of the People
- 2020
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Ingår i: Constituent Power : Law, Popular Rule and Politics - Law, Popular Rule and Politics. - 9781474454971 - 9781474455008 - 9781474454995
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- In this chapter I try to discern the shape of a phantom. The phantom is the people in a democracy. The first argument which will be put forward is that democracy cannot exist without such a phantom. But this phantasmagorical presence of the people in society can threaten the very democracy which it makes possible, in two ways. First, the phantom can prove to be no more than that – a mere figment of the imagination, a fantasy without any substance. If that were the case, then any claim that law could be legitimated as popular rule would be a fraud. Second, the phantom could acquire a concrete existence in society. As any reader of ghost stories will know, where a ghost becomes flesh, becomes incarnated in the land of the living, things do not turn our well for those affected.There is another fate possible for this phantom – drawing on the theory of Claude Lefort, I will set out how ‘the People’ can remain in the transcendental realm, and act as a symbol, a symbol to which all can refer by no one can possess. It is only when the people is so understood that democracy is possible. The central argument presented in this chapter is that it is the act of claiming human rights which makes possible this symbolic existence of the people. In a democracy, constituent power is exercised not by those who invoke ‘the people’ in order to claim authority, but by those who invoke it by claiming their rights as equal members of the that people, in order to challenge authority’s claim of legitimacy.
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