By Qi Zheng
This e-book develops a brand new manner of analyzing and making the most of Schmitt's criminal and political theories. It explores Schmitt's theories from the viewpoint of what I seek advice from because the politics of transition. It additionally contributes to deciding upon the genuine theoretical courting among Schmitt and Mao.
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Extra info for Carl Schmitt, Mao Zedong and the Politics of Transition
Sample text
This pattern of thinking is characteristic of natural science. ’ His rejection of arbitrariness in the legal order means rejecting an element like the concept of a personalist sovereign in the theory of the state. ’ If there is no need for the sovereign to make such a personalist decision and therefore no need for ‘arbitrariness,’ it means there is no gap in the law: law rules everything. So there is no exception. ’72 Schmitt’s theory of the exception and the sovereign directly opposes Kelsen’s theory of the identity of the state and the legal order.
Since the definition of modern politics from liberalism’s perspective is partial, focusing only on ordinary politics, the political framework provided by liberalism is also not sufficient for modern politics. In contrast to Chinese liberalism, the founding and protecting moments of the politics of transition, which is developed from Schmitt’s political theory, supplements a liberal understanding of politics that either presupposes the existence of the state’s political form or ignores the possibility of crisis moments for the state.
2, where the main target was the role of the basic norm, Schmitt’s second critique attacks Kelsen’s theory of the identity of state and the legal order. Schmitt argues that Kelsen’s theory is based on a ‘metaphysics that identifies the lawfulness of nature and normative lawfulness. This pattern of thinking is characteristic of natural science. ’ His rejection of arbitrariness in the legal order means rejecting an element like the concept of a personalist sovereign in the theory of the state. ’ If there is no need for the sovereign to make such a personalist decision and therefore no need for ‘arbitrariness,’ it means there is no gap in the law: law rules everything.