By Qi Zheng

ISBN-10: 1137466596

ISBN-13: 9781137466594

ISBN-10: 1349555460

ISBN-13: 9781349555468

This ebook develops a brand new method of studying and profiting from Schmitt's felony and political theories. It explores Schmitt's theories from the viewpoint of what I seek advice from because the politics of transition. It additionally contributes to settling on the true theoretical courting among Schmitt and Mao.

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Extra resources for Carl Schmitt, Mao Zedong and the Politics of Transition

Example text

If there is no need for the sovereign to make such a personalist decision and therefore no need for ‘arbitrariness,’ it means there is no gap in the law: law rules everything. So there is no exception. ’72 Schmitt’s theory of the exception and the sovereign directly opposes Kelsen’s theory of the identity of the state and the legal order. According to Schmitt’s statement, Kelsen’s negative attitude towards the exception and the personalist authority of the sovereign is based on a special kind of metaphysics that identifies the lawfulness of nature with normative lawfulness.

52 The legal order, therefore, is dependent on the situation. All law is also dependent on its political and sociological context. ’53 So the first point Schmitt makes against Kelsen is that the legal order is dependent on the sovereign’s decision. Unlike Kelsen’s Pure Theory of Law, which frees the law from any sociological elements, what Schmitt does is establish a link between the legal and sociological spheres. 3, where I analyze how Schmitt criticizes Kelsen from the perspective of protecting a legal order in exceptional situations.

Second, Chinese liberals’ understanding of a constitutional state also runs the risk of not being able to face a challenge from a political force that does not accept the fundamental political form in a constitutional state. If an anticonstitutional party poses a substantial challenge to the political form of the state, what can a constitutional state do to save itself from crisis? It cannot take measures that violate the provisions of constitutional laws if we follow Chinese liberals’ understanding of a constitutional state.

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Carl Schmitt, Mao Zedong and the Politics of Transition by Qi Zheng


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