Carl Schmitt's European Jurisprudence (Beitrage Zum Auslandischen Offentlichen Recht Und Volkerrecht, 305)

The Situation of European Jurisprudence was Schmitt’s first independent post-war publication. Schmitt would incorporate it as a critical piece in his 1958 Verfassungsrechtliche Aufsätze (Essays on Constitutionalism). Along with his Weimar publications – Political Theology and the Concept of the Political in particular – The Situation of European Jurisprudence is one of Schmitt’s foundational works with the potential to encourage broad scholarly reflections, well beyond the limited historical context in which it emerged. Schmitt’s essay is no longer confined to a “European” audience but addresses concerns that engage a global readership. Above all, we can glean from the work how Schmitt viewed his role as an intellectual. He saw himself primarily as a jurist and teacher of public law. The Situation of European Jurisprudence also constitutes a necessary introduction to Schmitt’s later works, especially The Nomos of the Earth. The following edition offers the texts from the 1950 edition (with the additions from 1958) in English translation. The translation is a reworked and extended version of Gary L. Ulmen’s published in Telos in 1990. We want to express our gratitude to Telos for allowing us to use Ulmen’s translation and comments. The Situation of European Jurisprudence (Carl Schmitt) 1. The Historical Fact of European Jurisprudence 2. The Science of Roman Law as the Carrier of European Jurisprudence 3. The Crises of the Legislative State’s Legality First Phase; 19th Century: The Possibility of a Distinction between Law and Legislator 4. The Crisis of the Legislative State’s Legality Second Phase; 20th Century: The Motorised Legislator 5. Savigny as a Paradigm for the First Distancing from the State Legality 6. Jurisprudence as the Last Asylum of Legal Consciousness The Historical Situation of German Jurisprudence (Carl Schmitt) Carl Schmitt Resurrected? (Walter Lewald) Savigny or Hegel? History of Origin, Context, Motives and Impact (Reinhard Mehring) I. Editions of the Work II. Savigny in Schmitt’s History of Jurisprudence III. Structural Analysis of the Text 1. The Meaning of the Savigny Identification 2. On the Crisis of Legal Theory 3. “Division of the Law into Legality and Legitimacy” IV. Hegel after all! Schmitt’s turn of 1958 Revisiting Carl Schmitt’s The Situation of European Jurisprudence (Adeel Hussain) I. Jurisprudence and Political Form II. From the Universal to the Particular and Back III. Savigny, Representation, and Political Form IV. Roman Law and Occidental Rationality V. Conclusion The Current Situation of European Jurisprudence in the Light of Carl Schmitt’s Homonymous Text (Armin von Bogdandy) Four critical topics in a misleading but insightful perspective I. Programme and key statements II. Autonomy as a core concern 1. The indispensability of jurisprudential reason 2. Sandulli’s re-embedding of the European financial market III. What is European jurisprudence? 1. Ingenious, devious, out-of-date: Schmitt’s concept 2. Mosler’s EEC reformulation 3. The roots: Roman law or liberal constitutionalism? 4. The science of European public law as katechon? IV. What is autonomy supposed to mean to us? 1. Doctrinal constructivism 2. Lessons from Schmitt’s theoretical research V. German hegemony? Carl Schmitt’s Diagnosis of the Situation of European Jurisprudence Reconsidered (Christian Tomuschat) Autonomy of Basic Elements of the Legal Order? Abstract I. Introduction II. Objectives Pursued III. Recent Comments on Schmitt’s European Jurisprudence IV. The Autonomy of Jurisprudence 1. Definition of Jurisprudence 2. Congruence or Divergence? V. Assessment 1. Disconnection of Jurisprudence from Its Political Context 2. Aversion of Parliamentary Democracy 3. Schmitt’s Self-Discreditation 4. Personal Guardianship 5. Anachronistic Thoughts VI. Concluding Observations European legal culture – a building block for the future (Michael Stolleis) With The Publication Of The Pamphlet The Situation Of European Jurisprudence, Schmitt Reinvented Himself As An Author After 1945 And Prepared The Ground For His Work The Nomos Of The Earth, Which Appeared A Few Months Later. The Following Book Offers A Productive Approach To This Hermeneutically Demanding And Strategic Text By Providing A Translation Of The 1950 Version And Commenting On Its Historical And Philological Context. This Book Then Offers Plural Confrontations, Adaptations, And Transformations That Schmitt's Text Implies For European Jurisprudence Today. It Thus Departs From The Usual Form Of A Commentary By Clearly Separating Explication And Transformation And Proposes To Employ An Actualisation For The Twenty-first Century.