The Publicness of Public International Law Seen Through Schmitt’s Concept of the Political - A Contribution to Building Public Law Theory

31 Pages Posted: 4 Nov 2016 Last revised: 5 Feb 2018

See all articles by Armin von Bogdandy

Armin von Bogdandy

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law

Date Written: November 4, 2016

Abstract

This contribution analyses Carl Schmitt’s Concept of the Political, one of the most influential pieces ever penned by a legal scholar. It engages with it to advance a contemporary theory of public law. Although Schmitt’s text has, as will be demonstrated, many fallacies, it also holds seminal innovations that are useful to contemporary thought. One such innovation is Schmitt’s way to reconceive the conceptual web that hitherto has been anchored in the state. However, this text will replace his concept of the political by the concept of public authority, advancing an idea of public law that enables, guides and frames the exercise of public authority, whether domestic, international, or supranational. Moreover, on the touchstone of Schmitt’s text, standards for assessing theories of public law are developed.

Keywords: Carl Schmitt, concept of the political, International Public Authority, methods of public law theory, standards for public law theory, Jus Publicum Europaeum

Suggested Citation

von Bogdandy, Armin, The Publicness of Public International Law Seen Through Schmitt’s Concept of the Political - A Contribution to Building Public Law Theory (November 4, 2016). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2016-22. Available at SSRN: https://ssrn.com/abstract=2864287 or http://dx.doi.org/10.2139/ssrn.2864287

Armin Von Bogdandy (Contact Author)

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

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