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Hannah Arendt i politička teologija: premješten susret

Author(s): Nathan Van Camp / Language(s): Croatian Issue: 1-2/2015

Zadnjih godina vidjeli smo neočekivan porast interesa za odnos između religije i politike. Samouvjerenost koju je liberalna demokracija stekla nakon pada komunizma ubrzo je splasnula s usponom raznih vjerskih pokreta koji su zahtijevali svoje mjesto u javnosti ili otvoreno izjavili kako se protive sekularnom političkom poretku. Dakle, dok smo na početku 1990ih svjedočili bujanju optimizma glede političke stabilnosti, prosperiteta i demokratizacije u narednom razdoblju, pa su neku najavili »kraj povijesti«, zbog provale vjerskoga nasilja na Balkanu, Srednjem istoku, Indiji i mnogim drugim krajevima, a napose zbog 11. rujna i njegovih posljedica, postalo je jasno da nakon poraza socijalističke alternative nisu potpuno zgasnule eshatološke nade. Nagli povratak vjerskoga u politiku nagnao je znanstvenike da ozbiljno razmotre prosvjetiteljsko stajalište kako će snage koje je oslobodio modernizam naposljetku potpuno osla- biti utjecaj religije na političku maštu. Konkretno, postavljeno je pitanje je li vjerovanje u politički poredak koji se ne poziva na neki transcendentalni apsolut puka iluzija. Možda je teokracija samo potisnuti dvojnik liberalne demokracije koji se opet pojavio kao svojevrsni deus ex machina u vremenu kad je postalo razvidno da je demokratska vlast ustvari temeljena na skupu aporijskih koncepcija.

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Śmieciowa codzienność konsumenta. Powieść Wiktora Pielewina Generation „Π” w świetle teorii płynnej ponowoczesności Zygmunta Baumana

Śmieciowa codzienność konsumenta. Powieść Wiktora Pielewina Generation „Π” w świetle teorii płynnej ponowoczesności Zygmunta Baumana

Author(s): Bożena Żejmo / Language(s): Polish Issue: 170/2020

The purpose of the article is to analyze the novel by Victor Pelevin Generation “P” in the context of the theory of “fluid modernity” of the Polish philosopher and sociologist Zygmunt Bauman. Both the Russian writer and the Polish scholar point out the negative effects of the modern — unusually flexible, fluid, free from borders and conditions — commercial civilization on a person’s daily life, his mentality, value system, self-identification and self-esteem.

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СИСТЕМОУТВОРЮЮЧА РОЛЬ ПРАВОВИХ ЦІННОСТЕЙ ТА НОРМ У ВІТЧИЗНЯНОМУ ДЕРЖАВОТВОРЕННІ

СИСТЕМОУТВОРЮЮЧА РОЛЬ ПРАВОВИХ ЦІННОСТЕЙ ТА НОРМ У ВІТЧИЗНЯНОМУ ДЕРЖАВОТВОРЕННІ

Author(s): Yu. Yu. Kalinowski / Language(s): Ukrainian Issue: 1/2017

Was investigated the system-forming role of legal values and norms in domestic statebuilding. It is alleged that gradation legal values and their social role determined methodological approaches to thinking: positivist or natural and legal. The dominance of the positivist paradigm in understanding the law contributed to the spread of the twentieth century totalitarian and authoritarian political regimes whose leaders rejected natural law values and norms, replacing their so-called «political expediency» and ideological tenets. Repressive totalitarian political regime found its expression in the first place a significant moral person humiliation, catastrophic possibilities for its fulfillment. That is why the criticism of totalitarianism aims to restore such moral and legal values as human dignity. Was indicated that the rooting of democratic values in the public law and practice of nation-building helps overcome strains of legal awareness and legal culture of the population especially in countries that are reforming their political and legal system. For Ukraine, the crucial problem is legal nihilism overcoming, not only among ordinary citizens as among civil servants, senior politicians and so on. Since it is an example of the latter would encourage the establishment of legal values and statist thinking standards. Was proved that the system-forming role of legal values and norms most clearly manifests in collaboration with other values, especially moral and spiritual. The real upsurge of law and legal values is only possible in conjunction with the spiritual and moral nation flourishing, because exactly free individuals and society with a high level of justice are able to deeply understand the importance of instrumental and spiritual rights standards, apply it in daily life.

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ОНТОЛОГИЧЕСКАЯ ВАЛЕНТНОСТЬ ФИЛОСОФИИ ПРАВА

ОНТОЛОГИЧЕСКАЯ ВАЛЕНТНОСТЬ ФИЛОСОФИИ ПРАВА

Author(s): E. V. Kachurov / Language(s): Russian Issue: 3/2017

The competition in modern jurisprudence of two respectable scientific disciplines: the philosophy of law and the theory of law, has so far reached such a poignancy that the relevance of the problem of demarcation of these concepts is beyond any doubt. Parallel with this, the question arises about their being-on importance (ontological status) in relation to the legal reality, of which they are a reflection. Mr. Gadamer the first suggested using the term «valence» (Truth and method, 1959) to express this relationship. The paper considers the main approaches to solving this problem, among them three main ones are distinguished: quantitative, reflexive and phenomenological (existential). Each of these approaches has corresponding origins in the history of the classical philosophical tradition. The greatest attention is paid to the third position, because in it, beginning with Dostoevsky, Husserl and Heidegger, a sharp turn (break), which occurred in European thought in the middle of the 19th century, is clearly recorded. Moreover, this approach allows us to go further than the popular ideologies of the last two centuries (Tseshkovsky, Marx, de Gobineau, etc.), which directly present a different view of the world. Existentialism reveals the essence of any ideology on the one hand, and strive to distance it from the other, on the other. This is a rarity in the modern world. This study argues that the «attack on the existing order of things» (Dostoevsky), «the abandonment of the ancient» Epoch "(Husserl) or» invasion of reality "(Heidegger), is the unified basis of all three dominant ideologies of the twentieth century: liberalism, Nationalism and communism, the direct heir of which is most of the theories of the law of modern jurisprudence. Similar to the theories of law, the author contrasts cognition, which first manifested itself in the «State» of Plato, «Politics» and «Ethics» of Aristotle, and reached a classical pattern in Kant’s Metaphysics of Manners, as well as Hegel’s Philosophy of Law. The paper proves that the basis for this experience is a completely different view of the same reality, which is occupied by modern theory of law. For this, the author again refers to the concept of contemplation, thoroughly thought out in German classical philosophy, and uses the hermeneutics of the three forms of image: reflection, reflection and image, proposed by G.-H. Gadamer in «Truth and Method», for the rehabilitation of the philosophy of law.

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Universal Principles in Political Philosophy of Dante Alighieri and Immanuel Kant (Part II)

Universal Principles in Political Philosophy of Dante Alighieri and Immanuel Kant (Part II)

Author(s): Emiliano Mettini / Language(s): English Issue: 36/2021

Ideals of universal power able to manage and solve social and ethical (religious) questions as many ways to reach the highest wisdom, and consequently, fullest well-being of humankind to reach a perpetual peace are present throughout human history so that we can find these ideals in Plato’s Republic, in Aristotle’s Politeia and other works concerning the establishment of more or less utopic “states” and commonwealth since our days. In the present essay we shall scrutinize the universalistic vision of Italian thinker Dante Alighieri (1265–1321) and the cosmopolitan idea of German philosopher Immanuel Kant (1724–1804). We decided to analyze the political philosophy of those thinkers on the following grounds: on one hand, D. Alighieri took as the basis of his rumination Roman Empire that having as solid basis of its universalistic ideology Right of every Roman citizen (lying on the observance of religious and civil obligations), and the so-called pax romana , a theoretical ground on which D. Alighieri would create a communitas a secular led by Reason commonwealth, which might have replaced the so-called humanitas (in Augustinian understanding of such idea); and, on the other hand, I. Kant tried to explain how human self-improvement under the right use of Reason (that we understand like ethical ruling principle of humankind) can be achieved to lead human beings from the state of nature (a semi-brutal one) to the state of reason, which would have as final end a perpetual peace in a universal republic. On those bases we shall try to detect common theoretical and ideal features between D. Alighieri and I. Kant’s vision, so to prove that universalistic power is not a despotic power, but a unifying power under ethical and spiritual principles of the whole humankind.

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To the Origins of Discourse, or on the Birth of Society and Law

To the Origins of Discourse, or on the Birth of Society and Law

Author(s): Boris Shalyutin / Language(s): English Issue: 3/2021

I consider the beginning of society to be the integration of hostile Homo Sapiens communities into dual-group alliances, which ensured superiority over Neanderthals, made possible by the formation of legal discourse between the parties of a dual alliance who remained aliens to each other, which provided peace and stimulated a leap in linguistic and cognitive development, including the formation of the coercive power of logic.

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Синдромът на барон Мюнхаузен – клиничен случай на симулация или симптом на  личностово разстройство, предизвикателство за съдебно-психологичната експертиза
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Синдромът на барон Мюнхаузен – клиничен случай на симулация или симптом на личностово разстройство, предизвикателство за съдебно-психологичната експертиза

Author(s): Silvia Kruvshkova / Language(s): Bulgarian Issue: 6/2021

The article presents the main aspects and challenges for the preparation of forensic psychological expert assessment of persons diagnosed with Bipolar Affective Disorder. Bipolar affective disorder is a recurrent chronic disorder that is characterized by fluctuations in mood and energy. It affects more than 1% of the world's population, regardless of nationality, ethnic origin or socio-economic status. This specific disorder is one of the main causes of impairment in the bio-psycho-social functioning of persons suffering from this diagnosis and their relatives. Differentiation of this disorder is difficult in clinical practice, as the onset is most often a depressive episode and there are sufficient clinical markers of unipolar depression. People with bipolar disorder are often misdiagnosed on initial presentation, most often with major depressive disorder. These patients may receive ineffective treatment, which in some cases actually worsens the outcome, either by causing manic or mixed conditions, or by raising mood. Accurate clinical evaluation by clinical and forensic specialists - psychiatrists and psychologists - must be exact in order to be able to distinguish bipolar disorder from other depressive states in order to prepare a forensic psychological examination.

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Archiwum Derridy – „archiwum” Derridy. Połączenia i konflikty

Archiwum Derridy – „archiwum” Derridy. Połączenia i konflikty

Author(s): Łukasz Żurek / Language(s): Polish Issue: 1 (19)/2022

At the starting point of Łukasz Żurek’s article is the insight that so far the reception of Jacques Derrida’s Archive Fever – the work inaugurating the socalled archival turn in the humanities – has not raised the problem of the relationship between Derrida’s private archive and the idea of “archive” as he presents it in this book. Żurek’s goal is to show that Archive Fever can be treated as a quasior crypto-autographical statement. Inspired by the paradigm of Carl Ginzburg’s tropes, Żurek examines facts from Derrida’s life as described in his biography by Benoît Peeters. He also analyses scenes in two documentaries about Derrida in which the author of Of Grammatology shows the film crew around his apartment and statements from interviews in which Derrida shares his ideas on the collection of archival materials. In the concluding section of the article, by referring to the letter sent by Derrida to the president of the University of California, Żurek reflects on the unexpected conflict between Derrida’s critique of the “archontic” management of archives, developed in Archive Fever, and his practice.

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The Body-Organism Difference as a Bridge between Particular Sciences and Philosophy in Understanding Human Person

The Body-Organism Difference as a Bridge between Particular Sciences and Philosophy in Understanding Human Person

Author(s): Zbigniew Pańpuch / Language(s): English Issue: 1/2022

The article copes with a plurality of sciences in general and focuses in the human-related sciences, which present different cognitive results. There is difficult to co-ordinate them because of the difference in methods, aims and formal objects of sciences, whereas the material object of various sciences - the real man exists as the only subject, with a definite and clearly determined substance. In a consequence, they produce different concepts of man. Is it possible to co-ordinate or to reconcile these various information about human being, especially these from particular sciences with the philosophical anthropology?A general understanding of the biological organism is of this kind that it is an object of science, but the notion of organism has been present in philosophy quite a long time—from the ancient times. Thus, an outline of the problem appears, namely the distinction between the organism, as an object of possible experience (fundamentally internal, but also external) and the body in the metaphysical sense, as an sub-ontic element of the human being. From the metaphysical point of view it seems (and that is my proposition or may be only a point mentioned anywhere by some authors, which I would like especially stress), that this whole—consisting of its organic parts, all unified in systemic reciprocal dependencies and various relations—is only accidental to human substance. This human substance—is a person. This specific “set of accidentals” constituting the human organism is subordinated (subjected) to the substance and exists in it and by it.Such an understanding of the organism and more precisely described distinction between it and the body can determine the field of interest of philosophy and other sciences, and simultaneously create a bridge between them. Human organism could be a good object of various research in the field of particular sciences. But the scientists should not forget about metaphysic and existential background of the human organism. From the other hand, the philosophers looking for the necessary causes of the human being have to take in consideration this necessary and specific set of accidentals (a human organism) and the particular knowledge of it provided by the scientists.

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Antropologia adhortacji Familiaris consortio

Antropologia adhortacji Familiaris consortio

Author(s): Jarosław Merecki / Language(s): Polish Issue: 3/2022

The author starts from the statement, that contrary to the ancient and medieval thought, the modern thought considered conflict as the original and natural state of human coexistence (Hobbes, Marx, Sartre). In the biblical anthropology, which constitutes a point of reference for John Paul II in his exhortation Familiaris Consortio, the original truth of man is not expressed in the model of conflict, but on the contrary, conflict arises as a result of the betrayal of the original truth, which is the unity of man and woman. In the biblical vision of human relationships, therefore, the starting situation, the experience in which the primordial truth of man is expressed, is not a relationship of conflict, but a man-woman relationship in which two persons affirm their humanity not by submitting the other to their own will, but by the gift of themselves that they make to one another. In the anthropology of the exhortation Familiaris Consortio, marriage and family are the privileged place where human beings experience belonging and gift.

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The Laws of Manu and Nietzsche’s “Attainable Perfection”

The Laws of Manu and Nietzsche’s “Attainable Perfection”

Author(s): Bradley Kaye / Language(s): English Issue: 1/2022

Nietzsche's views on the Laws of Manu are widely considered some of his most controversial. Even among those who express a supportive view of Nietzschean philosophy tend to shy away or outright ignore his apparent praise for the laws responsible for the caste system in India. It is strange enough that Nietzsche would ever comment on the caste system and weirder still is that these comments on the Laws of Manu seem to be one of the only overt examples of Nietzsche’s political philosophy. It might be akin to contemporary readers of Hegel’s Phenomenology of Spirit suddenly getting goosebumps and chills of terror as they discover the conclusive section of ‘Observing Reason’ where Hegel devotes time and effort to discussing the defunct science of phrenology.

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Trans-krypcje. Subwersywna gra z transmemuarem Paula B. Preciady, Susan Faludi i Maggie Nelson

Trans-krypcje. Subwersywna gra z transmemuarem Paula B. Preciady, Susan Faludi i Maggie Nelson

Author(s): Izabella Adamczewska-Baranowska / Language(s): Polish Issue: 1/2022

This article takes a closer look at a new strategy of real-life adventure writing: autotheory, a mode of critical artistic practice that follows autofiction and autoreportage. Autotheory, defined as a fusion of autobiography and scientific literature or a philosophical treatise, can take the form of a memoir with footnotes. The examples of „Testo Junkie” by Paul Preciado, „Argonauts” by Maggie Nelson and „In the Darkroom” by Susan Faludi, discussed in this article, show that autotheories have subversive possibilities (in this case, autotheory subverses trans memoir as a genre). The author makes reference to the theory of the autobiographical triangle, proposed by Małgorzata Czermińska, to argue that autotheories function as the challenge.

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Czy genetyka dowodzi, że zygota to człowiek? Teorioargumentacyjna analiza uzasadnienia kryterium genetycznego w Deklaracji o przerywaniu ciąży

Czy genetyka dowodzi, że zygota to człowiek? Teorioargumentacyjna analiza uzasadnienia kryterium genetycznego w Deklaracji o przerywaniu ciąży

Author(s): Piotr M. Sękowski / Language(s): Polish Issue: 60/2022

In the Declaration on Procured Abortion, 1974, the Catholic Church argues that the zygote is human because it has a human genotype. The article presents a logical analysis of this argument. It shows that this argument is largely faulty. Thomism plays the function of warranty in this argumentation. The enthymematic Thomistic assumptions are necessary for the inference from premise to conclusion at all. Moreover, it turns out that this argument presupposes a Thomistic interpretation of biological concepts that is inconsistent with modern biological knowledge. Thus, the statement contained in the Declaration has not been effectively argued on the grounds of biology, and it even seems that biology undermines it. It is possible only as a metaphysical statement and only on the basis of certain metaphysics.

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REVERSING CARL SCHMITT: THE STATE OF EXEMPTION IN UKRAINE, AFTER THE 24TH OF FEBRUARY 2022

Author(s): Fountis Anastasios / Language(s): English Issue: 2/2023

Problem setting. The military aggression of Russia against Ukraine, launched on February 24, 2022, once again drew the attention of all mankind to the problems of international law, state sovereignty, and its actions in a wartime emergency. Ukraine and its armed forces have done everything possible to repel military aggression and continue to fight for their freedom and independence. Upon their conditions, it makes sense to turn to the work of the rather controversial, but at the same time very influential political philosopher of the twentieth century, Carl Schmitt, to look at the situation in Ukraine through his legacy.Recent research and publications analysis. The personality and creative heritage of C. Schmitt is in the field of view of scientists all over the world; only in recent years dozens of scientists from all over the world (Josh Booth and Patrick Baert [1], Mariano Croce and Andrea Salvatore [2], Federico Finchelstein [3], Hugo E. Herrera [4], Peter Uwe Hohendahl [5], Jan-Paul Klünder [6], Peter Langford and Saul Newman [7], Ted H. Miller [8], Andrea Mossa [9], von Seyed Alireza Mousavi [10], Roberto Navarrete Alonso [11], Benjamin A. Schupmann [12] et al.), including Ukrainian ones (Viktor Burlachuk [15, p. 269-270], Oleksandr Vysotskyi [14, p. 724-725], Ivan Homza [13, vol. 2, p. 38-40], Borys Demianenko [16, p. 786], Svitlana Dmytrashko [13, vol. 2, p. 364-366], Nataliia Lepska [13, vol. 2, p. 538-540] et al.), have turned to understanding his teachings. But at the same time, the current critical situation in Ukraine requires one more look at the events through the prism of the political legacy of Carl Schmitt.The purpose of the article is to comprehend the positive and negative trends of the ongoing events in Ukraine through the political, philosophical and legal legacy of C. Schmitt.

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THE CONCEPTS OF GOOD AND EVIL IN THE VIEW OF PHILOSOPHERS

THE CONCEPTS OF GOOD AND EVIL IN THE VIEW OF PHILOSOPHERS

Author(s): Daniela Ispas (Petcu) / Language(s): Romanian Issue: 28/2022

Philosophers have been concerned with the general ideas of good and evil since ancient times and these concepts still arouse interest. The values promoted by morality fall within the category of the good. The notion of good can be particularized in virtue, justice. Evil has been opposed to good. It has been stated that evil has no substance, it has no autonomous entity. The reasons that urge someone to act for good or evil purposes have also been taken into account. It is not common to relate to the same view of philosophers with regard to the possibility of interpreting the concepts of good and evil, respectively. Ethics attempt to solve, beyond the philosophical aspects, real life situations requiring a position.

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Paul D. Moreno, How the Court Became Supreme. The Origins of American Juristocracy

Paul D. Moreno, How the Court Became Supreme. The Origins of American Juristocracy

Author(s): Agata Czarnecka / Language(s): Polish Issue: 2/2023

Review of: Paul D. Moreno, „How the Court Became Supreme. The Origins of American Juristocracy“, Louisiana State University Press, Baton Rouge, 2022, 346.

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Tri rata u Hegelovoj filozofiji

Tri rata u Hegelovoj filozofiji

Author(s): Đorđe Hristov / Language(s): Serbian Issue: 37/2022

In the article, I show that Hegel’s understanding of war as a condition of state sovereignty contains several contradictions that make modern wars unviable for the sustainment of political unity. In the first place, I offer an explanation of Hegel’s conception of war as a necessity of politics, with attention to his concept of “courage”, which figures for Hegel as an alternative to the social contract theory. In the next step, I argue that this conception of courage cannot fulfil all of the requirements in Hegel’s political philosophy that would offer a guarantee of state sovereignty. I do this through a typology of wars contained in Hegel’s work — colonial, limited, and total war — demonstrating that none of these wars are capable of securing political unity in modernity. Finally, I conclude that modern wars have a sense only within Hegel’s world-history, but not in his political philosophy.

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Mito-poetika elemenata i fenomenologija mora Carl Schmitt i Ivo Andrić

Mito-poetika elemenata i fenomenologija mora Carl Schmitt i Ivo Andrić

Author(s): Ugo Vlaisavljević / Language(s): Bosnian,Croatian,Serbian Issue: 131-132/2023

Carl Schmittovo temeljno opredjeljenje da se poredak (Ordnung) ne misli isključivo kao pravni poredak u apstraktno-normativnom smislu, što je gledište koje odavno dominira pravnom znanošću, nego da ga treba svagda analizirati u njegovoj nerazdvojnoj povezanosti s određenim mjestom, smještenošću, lokalizacijom (Ordnung), otvorilo je put za do tada nečuven ili barem neuobičajen uvid da „pravo ima zemaljski karakter i da je na zemlju upućeno (Das Recht ist erdhaft und auf die Erde bezogen)“ (Schmitt 1997, 13). Neki poredak je konkretno postojeći samo ako ima svoj zemaljski topos, što onda nalaže da se njegov normativni sustav promišlja s njegovom smještenošću na tlu. Stoga se poreci mogu međusobno bitno razlikovati upravo po svojoj „prostornoj strukturi“. Nastanak modernog međunarodnog prava (jus publicum Europaeum) pretpostavljao je i odgovarajuću globalnu prostornu predstavu, sliku o Zemlji kao zajedničkom staništu.

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Naivnost vjere u apstrakciju pravnog poretka

Naivnost vjere u apstrakciju pravnog poretka

Author(s): Bernard Špoljarić / Language(s): Croatian Issue: 03/167/2022

From the perspective of the political theory such is the one in Tractatus Theologico-Politicus by Benedictus Spinoza, the purpose of the state as a legal order is the establishment of the permanent condition of security and preservation of the people’s liberty. This also presumes instrumental-functional purposefulness of the state apparatus, which reflects in the combination of protection and obedience. Such a legislative establishment has its real and abstract dimension. Ideally, the latter is in service of the former. Problems that occur in practice as a challenge to the legal order are states of emergency, which are directly confronting security and freedom thus making them mutually exclusive. From that angle, legal-political thought is in need of a clear and distinct understanding of the concepts of freedom and servitude in the context of submission to the autonomous legislation of mind.

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Problem iznimnog (izvanrednog) stanja. Sto godina Schmittove Političke teologije

Problem iznimnog (izvanrednog) stanja. Sto godina Schmittove Političke teologije

Author(s): Goran Sunajko / Language(s): Croatian Issue: 03/167/2022

The paper begins with analysing Schmitt’s essential work Political Theology, 100 years after its publication. In it, the German legal philosopher formulated the concept of political theology, which indicates the relationship between the state of exception and decisionism as a form of legal-political thinking. The contribution of the paper is reflected in its emphasis on the importance of a twofold understanding of the concept of the state of exception: in the first place, as a notion of the exception that funds the philosophy of law and legal theory, and in the second as the state of exception that marks the constitutional category of the state of emergency. Schmitt will insist that the question of the state of exception is not a question of a mere state of necessity or emergency but a broader philosophical-legal concept based on the metaphysical origin of voluntary decision. The sovereign is not the one who decides “in” but “on” the state of exception, which means that, according to the decisionist model, he is just establishing it. Schmitt’s controversial book rarely left anyone indifferent, so it was supported by both right-wing and left-wing political theorists and philosophers, and it must be reconsidered today as a warning about the danger of the concept of the state of exception (state of emergency), which is increasingly becoming a political issue.

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