In Chapter III Carl Schmitt begins to lay out his positive theory, but even here much of it is negative and critical. He accuses many legal scholars from the nineteenth and twentieth centuries of being polemical. Yet, a similar complaint might be said about Schmitt regarding the two previous chapters as well as the one now under examination. Schmitt’s target is again mainly Hans Kelsen, but Hugo Krabbe and Hugo Preuß are also criticized. Even Max Weber’s sociology of the state is found to be defective. In each of these cases, the scholar has committed a cardinal offense; that is, to eliminate theology from law. This is a cardinal offense for two reasons: it obscures the history of legal thinking and it distorts the nature of law. Schmitt adds another discipline to the two he has already addressed and that is philosophy. Whereas the first two chapters were focused on law and sociology; Chapter III includes those to and adds philosophy and theology. Schmitt mentions Hobbes again, but he also includes René Descartes, Gottfried Wilhelm Leibniz, and Jean-Jacques Rousseau. Despite the introduction of theology and philosophy, politics is lurking in the background. Hence, Schmitt’s Chapter III has the title “Politische Theologie.”

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Sovereignty’s Theology

  • Christopher Adair-Toteff

摘要

In Chapter III Carl Schmitt begins to lay out his positive theory, but even here much of it is negative and critical. He accuses many legal scholars from the nineteenth and twentieth centuries of being polemical. Yet, a similar complaint might be said about Schmitt regarding the two previous chapters as well as the one now under examination. Schmitt’s target is again mainly Hans Kelsen, but Hugo Krabbe and Hugo Preuß are also criticized. Even Max Weber’s sociology of the state is found to be defective. In each of these cases, the scholar has committed a cardinal offense; that is, to eliminate theology from law. This is a cardinal offense for two reasons: it obscures the history of legal thinking and it distorts the nature of law. Schmitt adds another discipline to the two he has already addressed and that is philosophy. Whereas the first two chapters were focused on law and sociology; Chapter III includes those to and adds philosophy and theology. Schmitt mentions Hobbes again, but he also includes René Descartes, Gottfried Wilhelm Leibniz, and Jean-Jacques Rousseau. Despite the introduction of theology and philosophy, politics is lurking in the background. Hence, Schmitt’s Chapter III has the title “Politische Theologie.”