The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.

Offers an ambitious, novel view of Carl Schmitt, providing a comprehensive, unified account of his legal and political thinking.

Taking stock of all the major developments in the field of international environmental law, this text explores core assumptions and concepts, basic analytical tools and key challenges.

Together, the chapters in Empire and Legal Thought make the case for seeing the history of international legal thought and empires against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes over thousands of years.

The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and Marine Genetic Resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP) do not currently cover. These existing frameworks that regulate genetic resources are grounded in the notion of sovereignty. Effectively, States have sovereign rights over their biological resources. The ILBI, however, is attempting to regulate marine biodiversity and MGR in ABNJ. Thus, the notion that negotiators representing nation States under the auspices of the United Nations can regulate ABNJ is paradoxical – are these areas beyond nation States’ jurisdiction or not? Implicitly, the negotiators are acting as though they have sovereignty over resources located in what has been historically a sovereign-free space. Thus, the purpose of this book is to investigate this paradox. Essentially, this book critiques the notion that ABNJ can actually be regulated under the auspices of the United Nations by nation-State negotiators.

"The democratic imagination is facing significant challenges. These challenges involve not only deep philosophical questions about the core values of democracy, but also pressing practical issues related to how we should understand and confront the rise of right-wing authoritarian populism. What should our stance be as defenders of democratic life? The two most prominent efforts to orient us here are the deliberative and agonistic models of democracy. The former emphasizes reasoned discussion, but some worry that this exclusive focus overlooks structures of injustice that distort civil deliberation. The latter prioritizes contestation and conflict, but its proponents struggle to explain why this prime orientation to defeating political opponents will not also corrode our commitment to normative democratic restraints, like fairness. This book develops an understanding of the moral core of democracy. In doing so, it illuminates how these two faces of democratic life, the deliberative and agonistic, each has a significant, but constrained, role to play in a more capacious comprehension of what our democratic commitments require of us. The "communicative model" of democracy we propose provides better grounds for facing the challenges of contemporary anti-democratic movements than either the deliberative or agonistic models alone"--

This book is an intellectual history of Ernst Fraenkel's The Dual State (1941, reissued 2017), one of the most erudite books on the theory of dictatorship ever written. Fraenkel's was the first comprehensive analysis of the rise and nature of Nazism, and the only such analysis written from within Hitler's Germany. His sophisticated-not to mention courageous-analysis amounted to an ethnography of Nazi law. As a result of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the Nazi regime. In this book, Jens Meierhenrich revives Fraenkel's innovative concept of "the dual state," restoring it to its rightful place in the annals of public law scholarship. Blending insights from legal theory and legal history, he tells in an accessible manner the remarkable gestation of Fraenkel's ethnography of law from inside the belly of the behemoth. In addition to questioning the conventional wisdom about the law of the Third Reich, Meierhenrich explores the legal origins of dictatorship elsewhere, then and now. The book sets the parameters for a theory of the "authoritarian rule of law," a cutting edge topic in law and society scholarship with immediate policy implications.

Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.

Tracing Walter Benjamin's convergences with, and divergences from, influential German legal theorist Carl Schmitt, this edited collection contextualizes Benjamin's thinking in the intellectual currents of his time, while also placing him in dialogue with traditions and thinkers from antiquity to the present. At stake is whether Benjamin presents the possibility of a distinctive political theology-a question which the collection addresses without collapsing the tensions internal to Benjamin's thought. Benjamin's thought has been a touchstone, explicitly or implicitly, in numerous efforts to conceive of a 'new' political theology that is not anchored in legitimizing and preserving power, but in justice and liberation. Benjamin interrogates the political-theological complex from what may be construed as a vantage point opposed to Schmitt. Whereas Schmitt excavates the theological elements in modernity in order to shore up liberalism's illiberal inheritance, Benjamin roots out these latent structures in order to dissolve them and liberate us from their oppressive legacy. This volume's multifaceted contributions explore why Benjamin has been such a fertile source for thinking about political theology beyond – and often against – Schmitt. Benjamin indicates how existing political theologies can be challenged or expanded. This book accordingly makes a wide range of relevant work available for study whilst also opening new perspectives on Benjamin's œuvre.