Homogeneity and Heterogeneity: On Carl Schmitt's Concept of Legitimacy

Autor: Yi-Kai Chen, 陳怡凱
Rok vydání: 2007
Druh dokumentu: 學位論文 ; thesis
Popis: 94
I think Carl Schmitt’s discourses on legitimacy are based on democracy, the self-government of the people (das Volk). In such a theory, the source of legitimacy is neither “pouvoir constituent” nor natural rights, but “pouvoir constituant” of a people with its own self-consciousness and homogeneity. The largest danger to legitimacy is consequently the unrestrained heterogeneity, which blurs self-consciousness of the people. In the context of modern history, this danger originated from the process of neutralization, which could be divided into two stages: the first is binary differentiation of state/society; the second one is pluralism. In his eye, the constitution on the incorrect basis of neutralization (die bürgerlich-rechtsstaatliche Verfassung) is unable to resist the erosion of heterogeneity, because it refuses to take political decision seriously. Its system of legality had degraded into a functional machine without legitimacy and substance. Schmitt thinked it’s necessary to find a new personal power to protect democracy and legitimacy. In the condition of Weimar Republic, he expected the “Reichspräsident” to undertake such a political mission. Finally, this article would deal with the question left by Schmitt: is there any possibility for the realization of democracy in modern world.
Databáze: Networked Digital Library of Theses & Dissertations