Tuesday, June 16, 2020

Demagogues do not rise on popular feeling alone but on the constitutional ideas of Weimar and Nazi legal theorist Carl Schmitt

University Professor of Law and Philosophy David Dyzenhaus and the Albert Abel Chair of Law, writes for digital magazine Aeon.

He writes:

"Donald Trump’s presidency has made the dominance of strongmen elsewhere only more vivid: in Russia, Thailand, Hungary, Brazil, Nicaragua, the Philippines and many other countries. Since around 2016, the question of where the strongman phenomenon comes from has been a constant issue for political theorists. What allows these men to rise? And why now? The answer is often wrapped up in some idea of ‘populism’. ‘The people’, so the thought goes, have gained control of ‘the elites’. This is a view of populism as essentially thuggish and anti-intellectual. The people are insurgent, and with great bluster and bravado the leader claims to speak for them.

But there is, in fact, a robustly intellectual foundation for strongman politics. Populism is not just a bull-in-a-china-shop way of doing politics. There is a theoretical tradition that seeks to justify strongman rule, an ideological school of demagoguery, one might call it, that is now more relevant than ever. Within that tradition, one thinker stands out: the conservative German constitutional lawyer and political theorist Carl Schmitt (1888-1985). For a time, he was the principal legal adviser to the Nazi regime. And today his name is approaching a commonplace. Academics, policymakers and journalists appeal to him in order to shed light on populist trends in the US and elsewhere. A recent article in The New York Review of Books argues that the US attorney general William Barr is ‘The Carl Schmitt Of Our Time’. The Oxford Handbook of Carl Schmitt (2017) came out in print the year after Trump’s election. After decades as a political rogue, forced to launch his attacks on liberalism from the sidelines, Schmitt’s name has returned to prominence."

Read the full article at Aeon