Carl Schmitt, Justice of War, and Individual Citizen’s Obligation

Qi Zheng’s “Carl Schmitt, Justice of War, and Individual Citizen’s Obligation” appears in Telos 187 (Summer 2019). Read the full article at the Telos Online website, or purchase a print copy of the issue in our online store. Individual subscriptions to Telos are available in both print and online formats.

Carl Schmitt produced the original text of “The International Crime of the War of Aggression and the Principle ‘Nullum crimen, nulla poena sine lege‘” in 1945. The fundamental issue of the text concerns an individual citizen’s obligation in international law toward his national government in the event of an unjust war. Schmitt’s analysis of the issue is based on his perception of politics as the relationship between protection and obedience. However, his understanding of this relationship is not consistent with what he proposed in his other major works, i.e., that the relationship is a collective one. In order to support the argument in his 1945 text, Schmitt completely abandoned his collective understanding of the relationship and changed it to an individualistic understanding. This paper explores the subtle but important change in Schmitt’s argument.

This paper is divided into two sections. The first section reconstructs Schmitt’s arguments on an individual citizen’s right to resistance in international law. It focuses on two questions: whether an individual citizen has the right to judge the justice of war and whether individuals have an obligation in international law to disobey the government if they find that their government is conducting an unjust war. The second section examines Schmitt’s argument about the relationship between protection and obedience.

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Sovereignty between the Katechon and the Eschaton: Rethinking the Leviathan

Melayna Lamb and German E. Primera’s “Sovereignty between the Katechon and the Eschaton: Rethinking the Leviathan” appears in Telos 187 (Summer 2019). Read the full article at the Telos Online website, or purchase a print copy of the issue in our online store. Individual subscriptions to Telos are available in both print and online formats.

This paper both rejects the reading of Thomas Hobbes’s Leviathan as a secularized katechon and rethinks anew the questions of sovereignty and politics in his thought. It does so by examining the eschatological character of his politico-theological understanding of the relation between the kingdom of the Leviathan and the kingdom of God. Indeed, through different contemporary readings of Hobbes’s theory of the state, this paper offers an insight into the concrete eschatology at operation in Hobbes’s thought and underscores its relevance for the understanding of government, biopolitics, and sovereignty. This is achieved through two different, albeit interconnected undertakings, which in turn allow us to agree but also to go beyond Giorgio Agamben’s claim that the state, in Hobbes, does not have a katechontic function. The first is an exposition of the a-teleological character of Hobbes’s eschatology and his metaphysics of motion. The second involves a consideration of the temporality and the nature of the relation between the ahistorical world of reason and the historical world of faith that underpins Hobbes’s theory of the state. Contrary to the contemporary interpretations in which Hobbes’s eschatology is presented as future regarding, we will highlight the chronological coincidence between the historical time of faith and the ahistorical time of the Leviathan, placing Hobbes within the political coordinates of Walter Benjamin’s messianism. By bringing this eschatological perspective to the fore, not only will the reading of Hobbes’s theory of sovereignty that aligns him with liberalism be problematized, but also an analysis of the resources that Hobbes offers to imagine a different form of politics will be developed.

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A Man between Two Worlds: Assessing Martin Sklar’s Philosophy of Liberalism

Kim R. Holmes’s “A Man between Two Worlds: Assessing Martin Sklar’s Philosophy of Liberalism” appears in Telos 186 (Spring 2019), as part of a symposium on Martin J. Sklar. Read the full article at the Telos Online website, or purchase a print copy of the issue in our online store. Individual subscriptions to Telos are available in both print and online formats.

Martin Sklar is an underappreciated thinker. The fact that he was a leading intellectual of the New Left in the 1960s and remained a self-identified leftist gave him a unique historical perspective. It enabled him to cut through many misunderstandings and clichés about the history of American liberalism, and gives us an opportunity to understand the left’s theory of community in a different light. One of Sklar’s central theses is his contention that the American system during the Progressive Era became a “mix” of capitalism and socialism. Looking at this background, one of Sklar’s more prescient theses is his distinction between the “broad left” and the “sectarian left.” This also informs his insightful idea of the “transvestiture of left and right”—that the left and right have largely changed historical places on ideas. The postmodern left is very different from, and indeed has largely broken off ideologically from, classic as well as mainstream liberalism as it has been understood in the past. One very important component missing from Sklar’s approach is religion. It must be recognized that the post-revolutionary construct in America helped ensure that the freedom of civil society as a liberal project could not fully flourish without the support of religion. Sklar’s work illuminates the great intellectual divide between classic liberalism and socialism, and between the moderate and radical Enlightenment legacies, which rest on two different views of human nature. However, if a choice had to be made between liberty and the dictates of community, Sklar always chose liberty.

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Locke and “War by Design”

Ethan Putterman’s “Locke and ‘War by Design’” appears in Telos 186 (Spring 2019). Read the full article at the Telos Online website, or purchase a print copy of the issue in our online store. Individual subscriptions to Telos are available in both print and online formats.

Few passages in John Locke’s writings are more controversial than the incongruous descriptions of the state of nature in chapters III and IX of the Second Treatise on Government. A hodgepodge of opposites where men live at once in a “State of Peace, Good Will, Mutual Assistance, and Preservation” yet remain “very unsafe, very unsecure,” Locke’s state of nature is, according to John Dunn, “probably the most misunderstood idea in the English radical’s political philosophy.” In this article, I explore Locke’s epistemology behind humankind’s comprehension of natural law to argue that his state of nature is more consistent than appears. I demonstrate that the symmetry of the philosopher’s state of nature is best understood by way of the theory of knowledge in his Essays on the Law of Nature and Essay Concerning Human Understanding.

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Oath and Office

Mitchell Dean’s “Oath and Office” appears in Telos 185 (Winter 2018). Read the full article at the Telos Online website, or purchase a print copy of the issue in our online store. Individual subscriptions to Telos are available in both print and online formats.

The oath pertains to law, sovereignty, and office. A public servant takes an oath. A witness and a juror at a trial swear an oath. The British monarch swears a coronation oath and the president-elect of the United States an oath of office. While the coronation of the monarch has been regarded as “medieval” and the inauguration of the president as “ceremonial” or “symbolic,” it would be a mistake to view them as empty rituals, particularly the oaths taken. And while the oath invokes God, it would be an error to assume that it is merely an atavism, a retroversion, or a vestige of a more religious past. But what it is and what it does is far from clear, including to those who swear oaths. When President Obama, sworn in by Chief Justice John Roberts, misspoke his oath of office in January 2009, he was advised to retake it the next day, as the White House counsel put it, “out of an abundance of caution.” Ex abundanti cautela might indeed by the principle that scholars should adopt, given the thicket of false trails, unfathomable origins, prejudices, and commonplaces that afflict any attempt to study this practice. The appropriate method to study the oath uses multiple examples and cases, considers them from as many different viewpoints as it can, and remains wary of both our commonsense assumptions about its origins and efficacy and their theoretical correlates.

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Epistemology’s Political-Theological Import in Giambattista Vico

Marco Andreacchio’s “Epistemology’s Political-Theological Import in Giambattista Vico” appears in Telos 185 (Winter 2018). Read the full article at the Telos Online website, or purchase a print copy of the issue in our online store. Individual subscriptions to Telos are available in both print and online formats.

The twentieth-century rise to fame of Giambattista Vico as anticipator of historical relativism obscures essential elements of the eighteenth-century philosopher’s message. Vico’s stringent argumentation points well beyond contemporary expectations, offering a classical alternative to both a political depreciation of metaphysics and a metaphysical depreciation of politics. Carrying on a Renaissance tradition inaugurated most notably by Dante Alighieri, Vico invites us to rediscover or return to the poetic language of pagan antiquity as political-theological key to philosophical reflection upon the nature of the human mind. What Vico intends to defend are not old myths as such, but the essential independence of the human mind from any and all myths, be they ancient, medieval, or modern.

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