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.

Continue reading →

Poland after 1989 and Canada after the “Trudeau Revolution”: Comparing the Emergence of “National Democracy” and Late-Modern “Liberal Democracy”

The following paper was presented at the conference “After the End of Revolution: Constitutional Order amid the Crisis of Democracy,” co-organized by the Telos-Paul Piccone Institute and the National Research University Higher School of Economics, September 1–2, 2017, Moscow. For additional details about the conference as well as other upcoming events, please visit the Telos-Paul Piccone Institute website.

This presentation compares two societies, which, although both claim to be “Western” as well as vibrant liberal democracies, are in many aspects quite different. Those societies have been shaped by their history and political culture to evolve in quite different directions. Nevertheless, they can both be seen as “post-revolutionary” societies.

Poland has had a very checkered history, from being a Great Power, to disappearing from the map of Europe, which has contributed to a strongly “erotic” sense of belonging among the Poles. Poland after 1989—the so-called Third Republic—has been in the difficult process of attempting a restoration of a more traditional Polish society, whose organic evolution and development had been so cruelly interrupted since 1939.

Continue reading →

Sklar: Left and Right

This is the fifth—and last—in a series of posts that introduce the thought of historian Martin J. Sklar, as a prelude to a print symposium on his life and work in a future issue of Telos. For a fuller introduction, refer to the head note to the first TELOSscope post. On the basis of his understanding of political economy (see the third post) and international relations (see the fourth post), and building on his longstanding critique of sectarianism and vanguardism in left-wing politics, in his last decade Sklar argued that U.S. politics were undergoing what he termed a “transvestiture of left and right,” whereby each side of the political spectrum was (however unwittingly) adopting positions that are historically more in tune with the other end of the spectrum. Sklar’s argument will be more fully articulated in the posthumously forthcoming book American Century and World Revolution. For now, the following selections provide a window onto his evolving thinking.

Continue reading →

Sklar: Capitalism-Socialism Mix

This is the third in a series of posts that introduce the thought of historian Martin J. Sklar, as a prelude to a print symposium on his life and work in a future issue of Telos. For a fuller introduction, refer to the head note to the first TELOSscope post. Whereas the first two posts showcased the historian’s engagement with philosophy, this post highlights one of his important contributions to political economy. Sklar profoundly reinterprets the idea of a “mixed economy,” on the basis of the new concepts of “capitalist investment component” (CIC) and “socialist investment component” (SIC). In so doing, he also clarifies the meanings of capitalism and socialism as political-economic systems. Like conventional “mixed economy” theorists, Sklar came to believe that there would be a long historical period during which advanced societies would combine features of capitalism and features of socialism, with the later gaining gradual ascendancy. His understanding of which features belong to which system, however, upends conventional theories of government = socialism, “private” sector = capitalism.

Continue reading →

Castoriadis on the Crisis of Western Societies

With the publication of “The Crisis of Western Societies” (1982), Cornelius Castoriadis returns to an early theme in his work by proposing that over the previous twenty years Western societies had begun to enter a new phase, one that could be considered to be a situation of crisis. In his earlier political thought—associated with Socialisme ou Barbarie—Castoriadis identified signs of a transition into this new phase, marked by a widespread bureaucratization of political decision-making that emerged alongside a general turn toward the privatization of social life. At the time of his revisitation of this theme, Castoriadis’s work had undergone what would be the first of two ontological turns: a turn that involved a radical rethinking of historicity, which understood the historical dimension of society as a socially contingent mode of creation that is central to the constitution of the world of a given society. This article reflects an articulation of his previous theme of crisis with regard to this broader rethinking of historicity throughout the 1970s, which extended political analysis into more foundational issues of social institution and cultural expression.

Continue reading →

Security, Secrecy, and the Liberal Imaginary

Western societies increasingly imagine, plan, and even rehearse their own destruction. This cultural habit reflects a growing contradiction in democracy. On the one hand, liberal societies laud the ideals of participatory democracy, free speech, individual liberty, and governmental transparency. On the other, they grow ever more committed to the biopolitical regulation of life, the mitigation of threats to public health and safety, and the restriction of liberties as a way of securing liberty itself. How do we understand the inexorable growth of a security paradigm in liberal democracies? The answer lies partly in the cultural imaginary that shapes public contemplation of citizenship, liberty, and security. This imaginary reflects both the growing influence of biopolitics and the legacy the Cold War covert action. Paradoxically, the Cold War state’s growing commitment to covert action was itself increasingly public; as a result, public culture has became obsessed with, and enamored of, covert affairs. Despite state secrecy, most citizens believe they know the “kinds of things” their government is doing in secret—yet they cannot know in detail, and they receive most of their knowledge in the form of melodramatic fiction. The result is a growing irrationality in the democratic public sphere.

Continue reading →