1st Edition

Constitutional Theory: Schmitt after Derrida

By Jacques de Ville Copyright 2017
230 Pages
by Birkbeck Law Press

230 Pages
by Birkbeck Law Press

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... Read more

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

     

Biography

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

In this important book, Jacques de Ville produces a series of deft and agile analyses of the engagement between Carl Schmitt (one of the most enduringly provocative political thinkers) and Jacques Derrida (perhaps the most penetrating recent textual reader). This work represents a major contribution to debates about political authority and political violence, in our most interesting times. Professor Nick Mansfield, Dean, Higher Degree Research, Professor of Critical and Cultural Studies, Macquarie University

Jacques de Ville develops an excellent and extensive approach, by revisiting in a masterful way the main themes and political concepts of Carl Schmitt's thought, in the light of the deconstructive analysis of Derrida. In this way, de Ville's approach constitutes also a valuable introduction to Derrida's complex thought, bringing the reader closer to the refined notions of his work. A brilliant combination of clarity and theoretical rigor, Prof. de Ville’s magnificent book harbors the promise of a new configuration, to come, of reflections and debates around constitutional theory. Beyond the borders of constitutional law, Jacques de Ville addresses the reader of human and social sciences to engage in the challenges stemming from the condition of a living together that, in an increasingly drastic rhythm, is marked by promise and danger, complexity and urgency. Prof. Dr. Paulo Cesar Duque-Estrada, Department of Philosophy, Pontifical Catholic University of Rio de Janeiro (PUC-Rio)