The Lesson of Carl Schmitt, Part 3

Schmitt’s followers, extending and refining his thought, have with Rüdiger Altmann coined the concept of the Ernstfall (emergency case), which constitutes another fundamental criterion of the political. Political sovereignty and the credibility of a new political authority is based on the capacity to face and solve emergency cases. The dominant political ideologies, thoroughly steeped in hedonism and the desire for security, want to ignore the emergency, the blow of fate, the unforeseen. Politics worthy of the name—and this idea pulverizes the abstract ideological categories of “right” and “left”—is that which, secretly, answers the challenge of the emergency case, saves the community from unforeseen trials and tempests, and thereby authorizes the total mobilization of the people and an intensification of its values.

Liberal conceptions of politics see the Ernstfall merely as the exception and “legal normality” as the rule. This vision of things, inspired by Hegel’s teleological philosophy of history, corresponds to the domination of the bourgeoisie, who prefer safety to historical dynamism and the destiny of the people. On the contrary, according to Schmitt, the function of the sovereign is his capacity to decide the state of the exception, which by no means constitutes an anomaly but a permanent possibility. This aspect of Schmitt’s thought reflects his primarily French and Spanish inspirations (Bonald, Donoso Cortès, Bodin, Maistre, etc.) and makes it possible to locate him, along with Machiavelli, in the grand Latin tradition of political science.

In Legality and Legitimacy (1932),[1] Schmitt, as a disciple of Hobbes, suggests that legitimacy precedes the abstract concept of legality. A power is legitimate if it can protect the community in its care by force.  Schmitt accuses the idealistic and “juridical” conception of legality for authorizing Hitler to come to power. Legalism leads to the renunciation of power, which Schmitt calls the “politics of non-politics” (Politik des Unpolitischen), politics that does not live up to its responsibilities, that does not formulate a choice concerning the collective destiny. “He who does not have the power to protect anyone,” Schmitt writes in The Concept of the Political, “also does not have the right to require obedience. And conversely, he who seeks and accepts power does not have the right to refuse obedience.”

This dialectic of power and obedience is denied by social dualism, which arbitrarily opposes society and the sovereign function and imagines, contrary to all experience, that exploitation and domination are the political effects of “power” whereas they much more often arise from economic dependency.

Thus Schmitt elaborates a critique of the dualistic State of the nineteenth century based on the conceptions of John Locke and Montesquieu aiming at a separation between the sphere of the State and the private sphere. In fact, modern technocracies, historically resulting from the institutions of parliamentary representation, experience interpenetrations and oppositions between the private and public, as shown by Jürgen Habermas. Such a situation destabilizes the individual and weakens the State.

According to Schmitt, it is this weakness of the democracies that allowed the establishment of one party regimes, as he explains in Staat, Bewegung, Volk [State, Movement, People].[2] This type of regime constitutes the institutional revolution of the twentieth century; in fact, it is today the most widespread regime in the world. Only Western Europe and North America preserved the pluralist structure of traditional democracy, but merely as a fiction, since the true power is economic and technical.

The one party state tries to reconstitute the political unity of the nation, according to a threefold structure: the state proper includes civil servants and the army; the people are not a statistical population but an entity that is politicized and strongly organized in intermediate institutions; the party puts this ensemble in motion (Bewegung) and constitutes a portal of communication between the state and the people.

Schmitt, who returns again and again to Nazism, Stalinism, theocracies, and humanitarian totalitarianisms, obviously does not endorse the one party state. He does not advocate any specific “regime.” In the old Latin realist tradition inherited from Rome, Schmitt wants an executive who is both powerful and legitimate, who does not “ideologize” the enemy and can, in actual cases make use of force, who can make the state the “self-organization of society.”

War thus becomes a subject of political theory. Schmitt is interested in geopolitics as a natural extension of politics. For him, true politics, great politics, is foreign policy, which culminates in diplomacy. In The Nomos of the Earth (1951),[3] he shows that the state follows the European conception of politics since the sixteenth century. But Europe has become decadent: the bureaucratic state has been depoliticized and no longer allows the preservation of the history of the European people; the jus publicium europaeum which decided inter-state relations is declining in favor of globalist and pacifist ideologies that are incapable of founding an effective international law. The ideology of human rights and the vaunted humanitarianism of international institutions are paradoxically preparing a world where force comes before law. Conversely, a realistic conception of the relations between states, which allows and normalizes conflict, which recognizes the legitimacy of will to power, tends to civilize the relationship between nations.

Schmitt is, along with Mao Tse-Tung, the greatest modern theorist of revolutionary war and of the enigmatic figure of the partisan who, in this era of the depoliticization of states, assumes the responsibility of the political, “illegally” designates his enemies, and indeed blurs the distinction between war and peace.[4]

Such “a false pacifism” is part of a world where political authorities and independent sovereignties are erased by a world civilization more alienating than any tyranny. Schmitt, who influenced the constitution of the Fifth French Republic—the French constitution that is most intelligent, most political, and the least inspired by the idealism of the Enlightenment—gives us this message: liberty, humanity, peace are only chimeras leading to invisible oppressions. The only liberties that count—whether of nations or individuals—are those guaranteed by the legitimate force of a political authority that creates law and order.

Carl Schmitt does not define the values that mobilize the political and legitimate the designation of the enemy. These values must not be defined by ideologies—always abstract and gateways to totalitarianism—but by mythologies. In this sense, the functioning of government, the purely political, is not enough. It is necessary to add the “religious” dimension of the first function, as it is defined in Indo-European tripartition. It seems to us that this is the way one must complete Schmitt’s political theory. Because if Schmitt builds a bridge between anthropology and politics, one still needs to build another between politics and history.

Part 3 of 3

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[1] Carl Schmitt, Legality and Legitimacy, trans. Jeffrey Seitzer (Durham, N.C.: Duke University Press, 2004)—trans.

[2] Staat, Bewegung, Volk: Die Dreigleiderung der politischen Einheit [State, Movement, People: The Three Organs of Political Unity] (Hamburg: Hanseatische Verlagsanstalt, 1934)—trans. It concerns a series of studies on one-party states, primarily Marxist, that appeared in 1932.

[3] Carl Schmitt, The Nomos of the Earth in the International Law of Jus Publicum Europaeum, trans. G. L. Ulmen (New York: Telos Press, 2006)—trans.

[4] Cf. “The Era of Neutralizations and Depoliticizations” [1929], trans. Matthias Konzett and John P. McCormick, in the expanded edition of The Concept of the Political—trans.