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Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.
The Christian Betrayal of the United States theorizes that 100% of the problems of the United States have their root in the conservative, Bible-believing Christian church of this country. Countless books by liberal Christians or by non-Christians, have accused the "Christian right" of being a dangerous segment of our country. Following the principles of the Christian right will lead to tyranny, so the theory goes. The Christian Betrayal of the United States takes a very different tack. According to the author, the Bible-believing Christians have betrayed their country already--by their actions in many distinct arenas of life. Those who have cursed the Bible-believing Christians as being too Christian, have got it exactly backward. They may curse Christians again, when they understand that Christians were not Christian enough. The author, far from being a liberal Christian or a humanist, is a self-professed conservative, Bible-believing Christian. He strives to show how his own people have betrayed their nation. It is a dark story. On the brighter side, the author also tries to grope toward a solution of the problems he and his people have caused.
A pioneer in legal and political theory, Schmitt traces the prehistory of political romanticism by examining its relationship to revolutionary and reactionary tendencies in modern European history. Both the partisans of the French Revolution and its most embittered enemies were numbered among the romantics. During the movement for German national unity at the beginning of the nineteenth century, both revolutionaries and reactionaries counted themselves as romantics. According to Schmitt, the use of the concept to designate opposed political positions results from the character of political romanticism: its unpredictable quality and lack of commitment to any substantive political position. 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. 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 the 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.
This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.
This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.
This book offers an authoritative analysis of the state-of-the art in energy and climate research and policy. It starts by describing the current status of technologies that are expected to have an influence on the energy systems of the future. For an adequate evaluation, it presents the latest findings on the effects of energy supply and consumption as well as of the emissions on both the environment and people’s health. This is followed by an extensive discussion of the economic and social problems related to climate change, the need for energy transitions, and other issues that may require public investment and international agreements. The book reviews the problem of energy policy from a global perspective, providing readers with the technical, political, economic and ethical background needed to understand the current situation and work at better solutions for a sustainable, just and prospering world.
This study deals with issues of particular importance in the EMU perspective. State measures may occur in the sense that they exclude market access for opt-out state economic operators and preventing them from competing with domestic economic operators, i.e. restrictions on free movement. After the removal of such barriers there might still be state measures that may negatively affect competition within the common market. Such distortions of competition may occur due to differences between national legislation or other forms of state intervention on the market. They affect the prerequisites for the carrying out of economic activities, and may often result in the fact that out-of-state economic operators have to work in a market where a domestic competitor has notable advantages due to support by authorities, legislation or economic support. This may threaten the efficiency and proper functioning of the EMU. The remaining question is how such distortions can be dealt with. Which distortions are to be regarded as serious threats against the market integration and must be removed? Which priorities have to be made? The study aims at giving possible solutions to the above-mentioned issues, thus contributing to a field which as yet has only been examined by legal scholars to a minor extent.
In this much-needed examination of Buddhist views of death and the afterlife, Carl B. Becker bridges the gap between books on death in the West and books on Buddhism in the East. Other Western writers have addressed the mysteries surrounding death and the afterlife, but few have approached the topic from a Buddhist perspective. Here, Becker resolves questions that have troubled scholars since the beginning of Buddhism: How can Buddhism reconcile its belief in karma and rebirth with its denial of a permanent soul? What is reborn? And when, exactly, is the moment of death? By systematically tracing Buddhism's migration from India through China, Japan, and Tibet, Becker demonstrates how culture and environment affect Buddhist religious tradition. In addition to discussing historical Buddhism, Becker shows how Buddhism resolves controversial current issues as well. In the face of modern medicine's trend toward depersonalization, traditional Buddhist practices imbue the dying process with respect and dignity. At the same time, Buddhist tradition offers documented precedents for decision making in cases of suicide and euthanasia.
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