Carl Schmitt and His Contribution to Law

Carl Schmitt was a German Jurist, conservative legal scholar, constitutional expert and political scholar of the 20th century who is known as a modern critic of parliamentary democracy, liberalism and cosmopolitanism. His widely read essays and writings made a remarkable influence on political and legal theory, philosophy and theology.

Birth and Early Life (11 July 1888 − 7 April 1985)

Carl was born in an ordinary German family of Roman Catholics. He received his early education and degree in law from the Universities of Berlin and Munich. He started his career as a Professor of Law (specifically Constitutional law) at different leading universities of the time including University of Berlin, Bonn and Cologne. While teaching and delivering lectures, he wrote some of his most influential essays which brought him national fame and reputation.

Though he also served as a legal counsel in some of the cases of government to defend Hitler’s barbaric killings and as head of various newspaper and journal organizations, he was always keen to join the Nazi Political Party of Germany, which he pursued in 1933.

Role of Carl in the Nazi Party

Carl was an ardent supporter of dictatorship and conservatism, therefore he always resonated with the mainstream ideology of the Nazis. Hence, he joined the party and within a short span of time, he dedicated himself in achieving the objectives of the party including killing of non−Germans and burning of books by un−German or Jewish people.

Moreover, his thesis and theories were used to establish the ideological foundations of the Nazism and also to justify the dictatorship of Adolf Hitler. Additionally, he frequently wrote essays and editorials in newspapers and journals to provide explanations and justification for the cruel and inhumane acts of Hitler as exercise of power by the supreme authority of the nation.

Further, he also demanded a pure Roman legal structure and code of laws for Germany without any Jewish impression which was one of the major aims of Hitler and Nazis.

Schmitt Ideas on Dictatorship

Carl wrote his essay “On Dictatorship” to explain and discuss the foundations of the Weimar Republic which establish the office of President with utmost power of legislation and emergency. He found that the power has a dictatorial nature which is essential executive power in a government setup to enable it to take decisive actions whenever a particular situation especially emergency requires in public interest.

Thus, he used the idea of public interest to justify the arbitrary rule and dictatorship of Adolf Hitler because he claimed that the government in accordance with the laws of the nation as it was constitutionally recognized to deal with the exceptional circumstances of the time, the Constitution was merely suspended and not abrogated.

Schmitt Ideas on State of Exception

According to Carl, State of Exception is basically a stage of emergency in a nation when the circumstances require the sovereign power to take immediate action in the general interest of the public to avoid any harm. He believed that every constitution of a nation must vest the sovereign with this power to deal with an unforeseeable and critical situation when the government has to transcend the rule of law to secure law and order in the country while suspending individual liberties, legal and moral rights, and suspension of law even to ensure security and public peace.

Schmitt’s Thesis

The following are the major thesis:

• On Dictatorship

• Political Theology

• State of Exception

• The crisis of Parliamentary Democracy

Conclusion

Though Carl was a stern conservative and supporter of dictatorship, who defended the arbitrary conduct of the biggest totalitarian ruler of modern history and justified the suspension of individual liberties, he has his share of criticism for the same. However, his writings of a critical evaluation of the modern ideas of democracy, constitutional governments and rule of law provides an analytical understanding which is essential to cure the major defects of som e of the most cherished legal−political systems of the contemporary times.

Frequently Asked Questions

Q: Who was Carl Schmitt?

Ans: Carl Schmitt was a German political philosopher, jurist, and legal theorist known for his contributions to political theory, constitutional law, and his controversial associations with Nazi ideology.

Q: What is Carl Schmitt best known for?

Ans: Schmitt is best known for his writings on political theory, sovereignty, and the state of exception. He developed concepts like "political theology," "state of exception," and "decisionism" that have had a lasting impact on political philosophy.

Q: How did Carl save Hitler rule and Nazi dictatorship in Germany from its own internal party conflict?

Ans: When Germany’s ruling government came under the dictatorship of the Nazi party, one of its leaders threatened Hitler against his absolute dominance by giving a chance to leave the cabinet and make the cabinet government fall down. However, Carl, being a constitutional expert, provided an impactful interpretation of the Enabling Act and justification of Nazi takeover of government as a new government instead of just being cabinet, thus his explanation vested the entire power into the hands of the President and made the Cabinet Ministers powerless.

Q: Describe the ideological writings of Carl Schmitt?

Ans: Carl was a conservative as he supported the idea of dictatorship by a ruler who is vested with absolute powers and criticized the parliamentary form of constitutional and liberal governments. Moreover, he was a very sharp critic of democracy as he jotted down all the drawbacks and demerits of constitutional setups.

Additionally, he favored the dictatorship despite its arbitrary nature as he found that its more powerful and impactful in comparison to slow democratic and bureaucratic politics because a decision can be taken by the supreme power holder and implemented easily by the subordinates.

Q: How did Carl secure his theory of totalitarian sovereign in Political Theology?

Ans: Carl’s essay on Political Theology was infamous for substantiating his authoritarian theories in which he vests unrestricted power in the sovereign to decide the state of exception. Though his concern of dealing with critical circumstances by the highest authority was accepted by scholars across the spectrum, however, his belief of enriching the sovereign with totalitarian authority was severely critiqued for its adverse consequences on the entire legal−political−social structure of the country, and lives and liberties of citizens.

Q: What is "political theology" according to Schmitt?

Ans: Schmitt's concept of political theology explores the intersection of religious and political authority. He argued that political concepts and decisions often mirror theological ideas, with the sovereign being analogous to God's authority.

Q: What is Schmitt's "state of exception" theory?

Ans: Schmitt's theory of the "state of exception" posits that in times of extreme crisis, a sovereign authority can suspend normal legal rules and claim extraordinary powers to preserve the state. This concept has been debated for its implications on authoritarianism.

Q: What is "decisionism" in Schmitt's philosophy?

Ans: Decisionism, as proposed by Schmitt, emphasizes the importance of a decisive authority that makes sovereign decisions, even if those decisions are based on subjective judgment rather than objective rules.

Q: How did Schmitt's ideas impact Nazi ideology?

Ans: Schmitt's association with Nazi ideology and his support for Adolf Hitler's regime remain controversial. He joined the Nazi Party and wrote justifications for the Führer's dictatorial power. His work was used to legitimize Nazi legal and political actions.

Q: What is Schmitt's stance on liberal democracy?

Ans: Schmitt was critical of liberal democracy and believed that it lacked the capacity to effectively respond to crises. He argued that a strong sovereign authority was necessary to maintain order and stability.

Q: How did Schmitt view the role of law?

Ans: Schmitt believed that law was ultimately determined by political power and authority. He questioned the idea that law could exist independently of political decisions and emphasized the importance of the sovereign's will.

Q: What were Schmitt's contributions to international law?

Ans: Schmitt also wrote about international law, critiquing concepts of universal international law and advocating for the significance of state power and interests in shaping global affairs.