Carl Schmitt and the Problem of Legal Order: From Domestic to International

Leiden Journal of International Law

Volumn 19, Issue 1, 2006, Pages 41-67

  Zarmanian, Thalin ^a  

^a UNIVERSITY OF MILAN   (Italy)

Author keywords

Carl Schmitt; law; legal order; limitation of war; nomos; sovereignty

Indexed keywords

EID: 85010155644     PISSN: 09221565     EISSN: 14789698     Source Type: Journal    
DOI: 10.1017/S0922156505003171     Document Type: Article

References (73)

1. C.Mouffe (ed.), The Challenge of C. Schmitt (1999).
2. As was the case in the 1960s and 1970s with Heidegger, most of the recent literature on Schmitt has argued for or against simply reading his works. For a recent debate on this question, see E. Richter, ‘The Critic of Liberalism” C. Schmitt” The Defective Guidance for the Critique of Political Liberalism’, (2000) Cardozo Law Review 1619, and the critique to this approach by C. Galli, ‘The Critic of Liberalism” C. Schmitt's Antiliberalism” Its Theoretical and Historical Sources and Its Philosophical and PoliticalMeaning’, (2000) Cardozo Law Review 1597. See also C. Mouffe, ‘C. Schmitt and the Paradox of Liberal Democracy’, in D. Dyzenhaus (ed.), Law as Politics (1998), 159.
3. This is for example the thesis of K. Lö with,Marx,Weber, Schmitt (1986).
4. Galli warns against the theses according to which, given the continuity between hisWeimar years and Nazi years, Schmitt's support for Nazism was the inevitable result of his theories of the Weimar period, since nothing in his work actually suggests a necessary transition from his anti-liberalism to totalitarianism and Nazism. Galli maintains instead that Schmitt's Nazism was more a consequence of his personal than his intellectual history, and that during his Nazi years (1933-6) Schmitt did not actually produce any original work but rather used his previous output, properly revised and ‘decorated’, to please the new regime and to gain recognition as a Kronjurist within it. Nazism had little influence on Schmitt's theoretical perspective, which also explains why his Nazi orthodoxy was contested even within Nazi circles and within the regime. Galli, This is for example the thesis note 1, at 839.
5. C. Schmitt, Der Nomos der Erde im Vö lkerrecht des Jus Publicum Europaeum (1950), translated and annotated by G. L. Ulmen under the title The Nomos of the Earth in the International Law of the Jus Publicum Europaeum (2003).
6. C. Burchard, ‘Puzzles and Solutions” Appreciating Carl Schmitt'sWork on International Law as Answers to the Dilemmas of HisWeimar Political Theory’, IILJWorking Paper 2004/8.
7. See Galli, This is for example the thesis note 3.
8. C. Schmitt, Gesetz und Urteil, Eine Untersuchung zum Problem der Rechtspraxis (1969 [1912]).
9. C. Schmitt, DerWert des Staates und die Bedeutung des Einzelnes (2004 [1914]).
10. DerWert des Staates und die Bedeutung des Einzelnes., at 30.
11. In German the word Recht means both ‘law’ and the adjectives ‘right’ or ‘just’.
12. German organicism was first theorized by Adam Mü ller (1779-1829), whose thought was revived by the late-nineteenth-century conservative thinkers (such as Friedrich Ratzel andWilhelm Riehl) who identified the state as the product of the revolutions of 1848 and the establishment of the German Reich in 1871, to which the whole German nation (Volk) had willingly adhered in order to regulate the relationship of all its parts. This means that according to these doctrines, the state is not the product of a social contract, but it is the expression of the singlewill of the nationwhich, being the product of nature and culture, can be thought of a priori as a unique body.
13. See Carty and also Gattini, both German the word Recht means both ‘law’ and the adjectives ‘right’ or ‘just’. note 5; Galli, German the word Recht means both ‘law’ and the adjectives ‘right’ or ‘just’. note 1, at 130, notes that Schmitt was very close to some of the most prominent thinkers of the so-called ‘conservative revolution’, such as Jü nger and Freyer, and that even though he shared their dissatisfaction with liberalism and Marxism, he nevertheless always rejected-even during his Nazi phase-their irrationalist approach. C. Schmitt, Politische Romantik (1919).
14. This school tried, under the guidance of Rudolf Stammler and Herman Cohen, to derive a notion of justice and therefore of ‘just law’. According to Cohen, justice as an a priori category exists independently from its empirical determinants. The analysis of this school is, therefore, formal and hypothetical and tries to derive the essence of the idea of justice from the concepts of Kantian liberty and the value of the human being.
15. Schmitt, This school tried, under the guidance of Rudolf Stammler and Herman Cohen, to derive a notion of justice and therefore of ‘just law’. note 10.
16. In a later book, Die Diktatur, von den Anfä ngen des modernen Souverä nitä tsgedankens bis zum proletarischen Klassenkampf (1964 [1921]), Schmitt offers the example of legitimate self-defence” the norm can indicate only which rights and interests can be defended, and what the limits are, but in no case can the norm regulate a priori a particular, concrete case.
17. ‘[B]etween any concrete case and any abstraction lies an insuperable divide’ (author's translation). Schmitt, This school tried, under the guidance of Rudolf Stammler and Herman Cohen, to derive a notion of justice and therefore of ‘just law’. note 13, at 80.
18. For a review of Schmitt's critique of Kelsen see, among others, S. Delacroix, ‘Schmitt's Critique of Kelsenian Normativism’, (2005) 1 Ratio Juris 30; Galli, ‘[B]etween any concrete case and any abstraction lies an insuperable divide’ (author's translation). note 1, at 283 et seq., 393.
19. L. Vinx, ‘Sovereignty and International Legal Order in Hans Kelsen and C. Schmitt-A Reassessment’, paper presented at the Fifth Pan-European International Relations Conference at theHague, September 2004, available at http//www.sgir.org/conference2004/papers/Vinx%20%20Sovereignty%20and%20international %20legal%20order.pdf.
20. C. Schmitt, Legalitä t und Legitimitä t (1988 [1934]), 38, translated into English by J. Seitzer under the title Legality and Legitimacy (2004), at 34.
21. M. Nigro, ‘Carl Schmitt tra Diritto e Politica’, (1986) Quaderni fiorentini per la storia della cultura giuridica moderna 15, notes that this was the case for most of the authoritarian regimes-especially Hitler's-that in those years had risen to power legally across Europe.
22. ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. The result is a situation in which there is no legality and no constitutional order.’ Schmitt, ‘[B]etween any concrete case and any abstraction lies an insuperable divide’ (author's translation). note 24, at 38 (author's translation).
23. C. Schmitt, Politische Theologie” vier Kapitel zur Lehre von der Souverä nitä t (1985 [1922]), 31. The full quotation reads, ‘Unity and purity are easily attained when the basic difficulty is emphatically ignored and when, for formal reasons, everything that contradicts the system is excluded as impure… Methodological conjuring, conceptual sharpening, and astute criticizing are onlyuseful as preparatorywork. If they [formalist jurists] do not come to the point when arguing that jurisprudence is something formal, they remain, despite all effort, in the antechamber of jurisprudence.’ Schmitt, Political Theology” Four Chapters on the Concept of Sovereignty, trans. G. Schwab (1985), 21.
24. Galli, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 1, at v.
25. In his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen (1929), in Der Begriff des Politischen (1988 [1932]), Schmitt depicts the modern age as a succession of ‘secularized theological justifications’ for power, and as a never-ending process of conflict neutralization, in which the sovereign power replaces a contested foundation of order with another.
26. Galli, his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen note 1, at v, describes the character of Schmitt's thought as a ‘modern anti-modernity’.
27. M. Koskenniemi, The Gentle Civilizer of Nations” The Rise and Fall of International Law 1870-1960 (2001), 413.
28. his most famous work, Politische Theologie, his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen., at 495.
29. Schmitt, Politische Theologie, his most famous work, Politische Theologie, his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 27.
30. A full account of this concept in Schmitt's thought as well as in modern and contemporary constitutional theory is in G. Agamben, Lo Stato di Eccezione (2003), translated by K. Attell under the title State of Exception (2005).
31. See Galli, his most famous work, Politische Theologie, his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 1, at 335.
32. Schmitt, Politische Theologie, 1, Political Theology, 1, both his most famous work, Politische Theologie, his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 1.
33. Schmitt, his most famous work, Politische Theologie, his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 20.
34. his most famous work, Politische Theologie, his most famous work, Politische Theologie, his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen., at 9 (author's translation).
35. Schmitt, his most famous work, Politische Theologie, his most famous work, Politische Theologie, his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 13.
36. Schmitt, Der Begriff des Politischen, his most famous work, Politische Theologie, his most famous work, Politische Theologie, his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 29, translated by G. Schwab under the title The Concept of the Political (1996).
37. Schmitt distinguishes between the private enemy (inimicus) and the public one (hostis), and defines the latter as a member of a ‘group’ which ‘fights’ another similar group. Only the enmity which relates to an entire group is therefore relevant to the definition of the enemy. Schmitt, Der Begriff des Politischen, his most famous work, Politische Theologie, his most famous work, Politische Theologie, his most famous work, Politische Theologie, ‘So at the critical moment when all parties accuse each other of illegality, each plays the defender of the constitution. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 27, and Das Zeitalter der Neutralisierungen und Entpolitisierungen. note 29, at 29.
38. For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity, seeGalli, supranote 1, at 739. Galli pointsoutthat themanymisunderstandingsaboutSchmitt's theoryderive, as Schmitt himself recognizes in his many comments about the original text of Der Begriff des Politischen, from his excess of synthesis, so that the text can be understood properly only within a comprehensive view of Schmitt's work. For a comparison between Schmitt's notion of enmity and Derrida's notion of difference, see J. P. McCormick, ‘Poststructuralism Meets Schmitt. Schmittian Positions on Law and Politics? CLS and Derrida’, (2000) 21 Cardozo Law Review 1693.
39. Schmitt, Der Begriff des Politischen, For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity note 29, at 33 (Concept of the Political, For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity note 40, at 33). Elsewhere in the text, Schmitt notes that from the concept of the political follows international pluralism.
40. See Koskenniemi, For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity note 31, at 436.
41. Schmitt, Der Begriff des Politischen, For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity note 29, at 49. ‘War, the readiness of combatants to die, the physical killing of human beings who belong on the side of the enemy-all this has no normative meaning, but an existentialmeaning only, particularly in a real combat situation with a real enemy. There exists no rational purpose, no norm, no matter how true, no program no matter how exemplary, no social idea, no matter how beautiful, no legitimacy nor legality which could justify men killing each other for this reason. If such physical destruction of human life is not motivated by an existential threat to one's own way of life, then it cannot be justified. Just as little can war be justified by ethical and juristic norms.’ For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity note 40, at 48.
42. C. Schmitt, Theorie des Partisanen (1963).
43. C. Schmitt, ü ber die drei Arten des rechtswissenschaftliches Denkens (1993 [1934]).
44. Schmitt, Nomos der Erde, For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity note 7.
45. Galli, For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity note 1, at 725, notes that Schmitt defined Der Begriff des Politischen as his ‘cookbook’, meaning that this brief writing was not to be read as a full theory of the political but rather as the formulation of a theoretical challenge.
46. This tension between universe and pluriverse is already noticeable in Der Begriff des Politischen, For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity note 29, at 54 (Concept of the Political, For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity note 40, at 63), but is not explicitly discussed.
47. Despite Schmitt's attempts toNazify his thought, his pluralism and his accent on the fact that conflict within society could be ‘restrained’ but not completely overcome, always caused suspicion within the SS and other sectors of the regime, and eventually led to his dismissal as Kronjurist and professor in 1936.
48. This element caused the disapproval of Schmitt's international theories by theNazi regime. Galli, This tension between universe and pluriverse is already noticeable in Der Begriff des Politischen, For an overview of Schmitt's criticism and for a comprehensive account of his theory of conflict and enmity note 29, at 54 note 1, at 864.
49. Most of Schmitt's writings about his Großraum theory are in his Staat, Großraum, Nomos (1995).
50. Galli, This element caused the disapproval of Schmitt's international theories by theNazi regime. note 1, at 877, agrees that with Der Nomos der Erde Schmitt tries to overcome the horizon of modernity and tries to formulate a trans-epochal theory of the political.
51. The theme of self-deception and oblivion in Schmitt's nomos theory is discussed from a philosophical point of view by M. Cacciari, Geo-filosofia dell'Europa (1994).
52. The book is suffused throughout with this last theme, especially the chapters about the great jurists of the past (amongwhomwere Francisco deVitoria, Baltasar deAyala, and Alberico Gentile), where Schmitt shows how even in the Middle Ages and in early modernity, within the span of one generation jurists could be totally oblivious and unaware of the concrete and theoretical meaning of earlier writings. Schmitt warns against the improper use of their thought,which is a danger whenever theirwritings are interpretedwithout considering the context inwhich they were produced. This caveat should be held in theutmost consideration in a time like ours, when international lawyers invoke a return to the medieval doctrine of the ‘just war’ with learned citations, but at the same time do not care to enquire into the reasons why it was abandoned.
53. The best description of themeaning of Ordnung and Ortung is still that by one of the first commentators on Der Nomos der Erde, H. Schmidt, ‘Der Nomos begriff bei Carl Schmitt’, (1963) Der Staat 81.
54. Note that limit and de-finition come from the two Latin wordsmeaning ‘frontier’ (limes) or ‘border’ (finis).
55. Schmitt, Der Nomos der Erde, Note that limit and de-finition come from the two Latin wordsmeaning ‘frontier’ (limes) or ‘border’ (finis). note 7, at 39. ‘Not to lose the decisive connection between order and [localization] one should not translate Nomos as law, regulation, norm or any similar expression. Nomos comes from nemein-a word that means both ‘to divide’ and ‘to pasture’. Thus Nomos is the immediate form in which the political and social order of a people becomes spatially visible-the initial measure and division of pastureland that is, the land appropriation aswell as the concrete order contained in it and following from it. In Kant's words, it is the ‘distributive law of mine and thine’ or, to use an English term that expresses it so well, it is the ‘radical title’. Nomos is the measure by which the land in a particular order is divided and situated; it is also the form of political, social, and religious order determined by this process. Here measure, order and form constitute a spatially concrete unity.’ Schmitt, Nomos of the Earth, Note that limit and de-finition come from the two Latin wordsmeaning ‘frontier’ (limes) or ‘border’ (finis). note 7, 70.
56. For an overview of this critique, see Galli, Note that limit and de-finition come from the two Latin wordsmeaning ‘frontier’ (limes) or ‘border’ (finis). note 1, at 739.
57. Schmitt, Der Nomos der Erde, For an overview of this critique note 7, at 16. ‘A land appropriation grounds law in two directions” internally and externally. Internally, i.e., within the land-appropriating group, the first order of all ownership and property relations is created by the initial division and distribution of the land. Whether public or private, collective or individual, or both, ownership derives from this initial land division; whether or not cadastral surveys are undertaken and land registers are established are later questions, and they concern distinctions presupposed by and derived from the common act of land appropriation… But even when the initial land-division establishes purely individualistic private ownership or common clan ownership, this form of property remains dependent on the common land appropriation and derives legally from the common primeval act. To this extent, every land appropriation internally creates a kind of supreme ownership of the community as a whole, even if the subsequent distribution of property does not remain purely communal and recognizes completely “free” private ownership of the individual. Externally, the land-appropriating group is confronted with other land-appropriating or land-owning groups and powers. In this case land appropriation represents a legal title in international law’. Schmitt,Nomos of the Earth, For an overview of this critique note 7, at 45.
58. Schmidt, For an overview of this critique note 57.
59. This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force.
60. Schmitt, Nomos der Erde, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 7, at 28. Schmitt used the notion of kat'echon in an earlier writing, Beschleuniger wider Willen, now in Staat, Grossraum, Nomos, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 53, at 436. On the kat'echon see also A. Colombo, ‘Challenging the State, C. Schmitt and “Realist Institutionalism'”, paper presented at the Fifth Pan-European International Relations Conference, The Hague, September 2004, and available at http//www.sgir.org/archive/index.htm
61. Schmitt, Nomos der Erde, at 160, Nomos of the Earth, at 188 (in this translation, ‘the concerned’ is translated as ‘participant'; this expression, however, does not convey the meaning of ‘having something at stake’, which is fundamental to the Schmittian category of ‘the concerned ‘, both This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 7.
62. These are available in the collections Schmitt, Staat, Großraum, Nomos, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 53, and C. Schmitt, Frieden oder Pazifismus? (2005).
63. C. Schmitt, Land und See, Eine weltgeschichtliche Betrachtung (1981 [1942]), translated by S. Draghici under the title Land and Sea (1997).
64. Schmitt, Der Nomos der Erde, These are available in the collections Schmitt, Staat, Großraum, Nomos, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 53, and C. Schmitt, Frieden oder Pazifismus? note 7.
65. These are available in the collections Schmitt, Staat, Großraum, Nomos, These are available in the collections Schmitt, Staat, Großraum, Nomos, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 53, and C. Schmitt, Frieden oder Pazifismus? note 53, and C. Schmitt, Frieden oder Pazifismus?., at 450; see also ‘Beschleuniger widerWillen oder” Problematik der westlichen Hemisphä re’, and ‘Die Letzte globale Linie’, now in Schmitt, Staat, Großraum, Nomos, These are available in the collections Schmitt, Staat, Großraum, Nomos, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 53, and C. Schmitt, Frieden oder Pazifismus? note 53, and Schmitt, These are available in the collections Schmitt, Staat, Großraum, Nomos, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 53, and C. Schmitt, Frieden oder Pazifismus? note 46.
66. C. Schmitt, Die Einheit derWelt (1952), now in Staat, Großraum, Nomos, These are available in the collections Schmitt, Staat, Großraum, Nomos, These are available in the collections Schmitt, Staat, Großraum, Nomos, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 53, and C. Schmitt, Frieden oder Pazifismus? note 53, and C. Schmitt, Frieden oder Pazifismus?. note 53, at 496.
67. C.M. Santoro, Occidente, identità dell'Europa (1998).
68. Koskenniemi, These are available in the collections Schmitt, Staat, Großraum, Nomos, These are available in the collections Schmitt, Staat, Großraum, Nomos, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 53, and C. Schmitt, Frieden oder Pazifismus? note 53, and C. Schmitt, Frieden oder Pazifismus?. note 31, at 496.
69. Schmitt, Foreword (1963) to Der Begriff des Politischen, These are available in the collections Schmitt, Staat, Großraum, Nomos, These are available in the collections Schmitt, Staat, Großraum, Nomos, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 53, and C. Schmitt, Frieden oder Pazifismus? note 53, and C. Schmitt, Frieden oder Pazifismus?. note 29.
70. Koskenniemi, These are available in the collections Schmitt, Staat, Großraum, Nomos, These are available in the collections Schmitt, Staat, Großraum, Nomos, This word both in the German and the Latin form (auf-halten) (cum-tenere)means both to ‘keep in’, that is, to restrain something or someone from exiting and ‘to restrain’, that is, to limit a force. note 53, and C. Schmitt, Frieden oder Pazifismus? note 53, and C. Schmitt, Frieden oder Pazifismus?. note 31, at 496.
71. This focus on the institutional and cultural elements of the political is a common feature of twentiethcentury European internationalist thinkers. MartinWight and the so-called English School of International Relations, and, ina somewhat different way,RaymondAron shared Schmitt's perspective on the institutional and historical constituents of international politics and international law.A. Colombo, ‘L'Europa e la Società Internazionale” GliAspetti culturali e istituzionali della convivenza internazionale inRaymondAron,Martin Wight e C. Schmitt’, (1999) 2 Quaderni di scienza politica 251.
72. The definition is provided by Colombo, This focus on the institutional and cultural elements of the political is a common feature of twentiethcentury European internationalist thinkers. note 64. Schmitt's institutionalism is highlighted also by A. Amendola, C. Schmitt tra decisione e ordinamento concreto (1999).
73. See C. Schmitt, ‘Frieden oder Pazifismus?’, now in his Frieden oder Pazifismus?, The definition is provided by Colombo, This focus on the institutional and cultural elements of the political is a common feature of twentiethcentury European internationalist thinkers. note 64. note 66.