Constitutional Theory: Schmitt after Derrida: 1st Edition (Hardback) book cover

Constitutional Theory: Schmitt after Derrida

1st Edition

By Jacques de Ville

Birkbeck Law Press

212 pages

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Paperback: 9780367024147
pub: 2019-06-10
Hardback: 9781138293786
pub: 2017-04-24
eBook (VitalSource) : 9781315231884
pub: 2017-04-21
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This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (1927), Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate Salus (1950), The Nomos of the Earth (1950) and The Theory of the Partisan (1963). This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution and human rights. The book seeks to rethink the structure of these concepts in line with Derrida’s analysis of Schmitt’s texts on the concept of the political in Politics of Friendship (1993). This happens by way of an analysis of Derrida’s engagement with Freud and other psychoanalysts. Although the main focus in the book is on Schmitt’s texts, it further examines two texts of Derrida (Khōra (1993) and Fors: The Anglish Words of Nicholas Abraham and Maria Torok (1976)), by reading these alongside Schmitt’s own reflections on the positive concept of the constitution.

Table of Contents

1. Introduction

2. The concept of the political

a. Polemios

b. Partisan

c. Self

3. Constituent power

4. Identity and representation

5. The concept of the constitution

a. Khōra

b. Crypt

6. Human rights

7. State, Groβraum, nomos

8. Conclusion

About the Author

Jacques de Ville is Professor of Law at the University of the Western Cape, South Africa.

About the Series

Birkbeck Law Press

Birkbeck Law School has been recognised as an international centre of research excellence, specialising in legal theory and theoretically informed socio-legal research and pioneering critical approaches to scholarship.

Birkbeck Law Press aims to develop a distinct publishing profile by addressing the legal challenges of late modernity. Globalisation and the move towards universal legal values, which should respect cultural specificities and local conditions, has created the urgent need for greater dialogue and understanding between the major schools of thought and legal systems in the world. Most legal publishing, driven by the needs of specialisation and the state-based nature of positive law, has not systematically addressed these concerns.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / Constitutional
LAW / Essays
PHILOSOPHY / Ethics & Moral Philosophy
PHILOSOPHY / Political
POLITICAL SCIENCE / History & Theory