Carl Schmitt’s Reconstruction of the Relationship between State and Individual
After the analysis of Schmitt’s critique of the positivist understanding of law in Chapter 2, this chapter explores how Schmitt criticizes liberalism’s understanding of the relationship of the individual and the state. The analysis will help us to construct the role of the individual at the founding and protecting moment of the politics of transition. The political activities in the founding and protecting moments of the politics of transition do not totally conform to constitutional law. Instead, these two moments exemplify the characteristic of the political in Schmitt’s theory. Accordingly, the relationship of the individual and the state in these two moments is also different from the one proposed by liberalism. Although the role of the individual in the extraordinary moments of the politics of transition is the main focus of this chapter, the role of the individual in ordinary politics is also assessed.
KeywordsHuman Nature Individual Freedom Political Sphere Political Form Collective Entity
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