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Nomos of the Earth in the International Law of Jus Publicum Europaeum epub ebook

by G. L. Ulmen,Carl Schmitt

Nomos of the Earth in the International Law of Jus Publicum Europaeum epub ebook

Author: G. L. Ulmen,Carl Schmitt
Category: Humanities
Language: English
Publisher: Telos Press Publishing (January 15, 2003)
Pages: 372 pages
ISBN: 0914386298
ISBN13: 978-0914386292
Rating: 4.7
Votes: 678
Other formats: mobi lit docx mbr


JUS PUBLICUM EUROPAEUM Carl Schmitt Translated by .

THE NOMOS OF THE EARTH IN THE INTERNATIONAL LAW OF THE JUS PUBLICUM EUROPAEUM Carl Schmitt Translated by . Ulmen Telos Press, 2003, 372 pgs. Carl Schmitt offers a fundamental criticism of a way of thinking about politics and power.

International law began with a federation or empire of associated cities or other settled entities set in the midst of unsettled territory outside. The introduction by G. L. Ulmen provides important background. A "civilized world" grew from settlements and land allocations. Ancient empires could eventually establish contact and by means of a treaty engage in peaceful commerce with each other. 7 people found this helpful.

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Schmitt posits that the attempt to expand European law to other areas of the world should not have been attempted because these states lack any spatial or spiritual consciousness of what they once had in commo. nd a common bracketing of war no longer was feasible, and for which not even the concept of ‘civilization’ could provide any concrete homogeneity.

Ships from the UK. Former Library books. Shows some signs of wear, and may have some markings on the inside. Translated by. G. Politics & Government. 100% Money Back Guarantee. Read full description. See details and exclusions.

Telos Press, 2006 - 372 sayfa.

in the International Law of the Jus Publicum Europaeum. Carl Schmitt Given the significance Francisco de Vitoria plays in this book, it is notewor-thy that Schmitt says "Barcia Trelles' lectures constituted the strongest breakthrough fo. . Translated and Annotated by G. Telos Press Publishing 2006. Given the significance Francisco de Vitoria plays in this book, it is notewor-thy that Schmitt says "Barcia Trelles' lectures constituted the strongest breakthrough for the world at large" in the Vitoria renaissance after World War I. See The Nomos of the Earth, p. 118n. Elsewhere, Schmitt speaks of this Spanish teacher of international law as one who discussed "the confrontation between the contemporary fronts of the Free World and the Communist Bloc.

The Nomos of the Earth is Carl Schmitt s most historical and geopolitical book

The Nomos of the Earth is Carl Schmitt s most historical and geopolitical book.

The nomos of the earth in the international law of the jus publicumeuropaeum by carl schmitt, trans

The nomos of the earth in the international law of the jus publicumeuropaeum by carl schmitt, trans. ulmen (new york: telos press, 2003). I. reading carl schmitt in english. It tells of the emergence of the jus publicum europaeum (public law of Europe) out of the dissolution of the respublica Christiana2 ' and of its own dissolution into an abstract and universal international law in which war is deemed criminal in theory but not necessarily avoided or limited in practice.

The Nomos of the Earth is Carl Schmitt s most historical and geopolitical book. It describes the origin of the Eurocentric global order, which Schmitt dates from the discovery of the New World, discusses its specific character and its contribution to civilization, analyzes the reasons for its decline at the end of the 19th century, and concludes with prospects for a new world order. It is a reasoned, yet passionate argument in defense of the European achievement, not only in creating the first truly global order of international law, but also in limiting war to conflicts among sovereign states, which in effect civilized war. In Schmitt s view, the European sovereign state was the greatest achievement of Occidental rationalism; in becoming the principal agency of secularization, the European state created the modern age. Since the problematic of a new nomos of the earth has become even more critical with the onset of the postmodern age and postmodern war, Schmitt s text is even more timely and challenging. Remarkable in Schmitt s discussion of the European epoch of world history is the role played by the New World, whose discovery initiated the rise of the first truly global world order and ultimately replaced the Old World as the center of the earth. Thus, this book has as much to do with the rise of the United States to world power as with the decline of Europe: the two phenomena paralleled each other. In the 16th century, it was England that dared to take the leap from a terrestrial to a maritime existence, and then launched the industrial revolution, in the course of which the earth was newly conceived and measured. But ultimately, the United States (the greater island, as Schmitt calls it) assumed the role of arbiter in European and world politics. According to Schmitt, America s internal conflicts between economic presence and political absence, between isolationism and interventionism, became global problems, which today continue to hamper the creation of a new world order. But however critical Schmitt is of American actions at the turn of the 19th century and after World War I, he clearly was in awe of the United States and considered it to be the only political entity capable of resolving the crisis of global order.
Reviews (4)
Cozius
This is a thorough and fascinating overview of laws and spatial orientations ("Räumsinne" in German) that have both changed and remained consistent throughout millennia.

Carl Schmitt, jurist and political theologian, examines everything from Greek antiquity to Spanish conquest of the Americas up until the League of Nations to question whether or not there is some fundamental moral or natural order under-girding the laws that men have used to govern one-another and themselves through the ages. Although Schmitt is undoubtedly conservative, his examination of colonialism and imperialism, contrasted with his even-handed treatment of Marxism, makes this essential reading for anyone who wants to read a meditation on the theoretical uses of power, and the application and abuses of power and force in the realm of human affairs (especially in war). As with all of Schmitt's works, there is also much examination of geopolitics and the implication of where and how borders are drawn, and by whom and under what system of reasoning.

The reading isn't light, but Schmitt is a clear thinker and expresses himself in a way that the advanced layman should have no trouble understanding. His meditations on space/ Räume are not only relevant today, but are even more important concepts to understand now, as the terrain in which humans vie for control of one-another have expanded beyond land, sea, and even space as Schmitt understood it.

He died just as the next philosophical turn ("Wendung" in German) was changing from the macro- and micro- to the nano-, and of course with the rise of drone warfare and the surveillance state, his grappling with the big questions is an endeavor from which no one should be excluded.

"The Nomos of the Earth" is an open invitation to begin thinking in deeper terms about power, borders, contracts, and whether Hobbes or Roseau will have the final say in how man will either advance or destroy himself with civilization, its laws, and its technology. Schmitt also leaves open the possibility that some sort of compromise between various orientations and understandings might be reached, precluding the need for conflict or a struggle which (considering the means we now have at our disposal) could be all-consuming/annihilating. The work strikes just the right balance between a pragmatic rumination and a (for Schmitt) humanistic tendency to believe that a resolution of our many antagonisms might not be beyond reach. Recommended.

Qus
Despite its trilingual title, this book is not quite as difficult as it may appear. It is a brief history of international law from a distinctive viewpoint. The ancient Greek word "nomos" is considered by the author to refer to the allocation of land, an act he regards as basic to the establishment of law since land is directly associated with power. "Jus publicum Europaeum" means "European public [i.e., international] law." The author associates international legal systems with regions of the earth, each possibly with a system of its own. Such a region is known as a "Grossraum". The narrative goes like this:

International law began with a federation or empire of associated cities or other settled entities set in the midst of unsettled territory outside. A "civilized world" grew from settlements and land allocations. Ancient empires could eventually establish contact and by means of a treaty engage in peaceful commerce with each other.

When the Roman Empire fell, the conquerors took over its legal culture (not to mention a good deal more). Christian thinking reached a high level of subtlety while Europe was surrounded by non-Christian enemies. The earliest form of European international law came into being to regulate war between Christian princes, which was a civilized process compared to wars against outsiders, who were considered children of the Devil. This was the period of the "just war" (a concept of Augustine) and the "just enemy". In the author's terminology, the lands inside Europe had a "soil status" different from that of the lands outside. There was a distinct "grossraum" for each.

The Reformation destroyed the fabric of belief underlying "just war" formulations. After Bodin and Hobbes, there were only sovereign states. From the 16th to 18th centuries, the "just war" concept was revived in a different form. Grotius and Kant saw the unjust enemy was one whose conduct indicated an attempt to upset a balance of power between states. The author suggests that this criterion might be inadequate. If the balance of power (in effect, territory) was perceived as wrong, then some (revolutionaries for example) might deem it deserving of upset. That is, political or ethical issues might be involved that a purely juristic point of view could not resolve. There was also a special role for "neutral" states, which could mediate between combatants. Guarantees of neutrality were assigned to states by pan-European conferences like the Congress of Vienna. The author's discussion of balance of power, neutrality, and state succession in Part III, Chapter 4 is the core of the book.

During this period, Europeans were exploring the oceans and continents of the New World, which they saw as simply expanses that were for all practical purposes uninhabited and appropriate for free commerce and even piracy (on the sea. legally sanctioned). "Amity lines" on maps delimited zones of exploitation by specific nations. The English excelled in developing the new areas, mainly for economic purposes. Their preoccupation was free trade; it was appropriate that England with her navy should be the greatest power in the New World. In this way another "Grossraum" came into being. Now there were two major areas, each with its own characteristic "nomos".

The character of New World soil changed after the American revolution. In the minds of Jefferson and others, the Americas were pure and not to be defiled by European intervention. The US began to show considerable influence in the New World "Grossraum" by promulgating the Monroe Doctrine. On the other hand, European international law was unable to take into account developments outside its area and consequently went into decline. For example, in the 1885 Congo Conference. King Leopold II of Belgium, a state designated as neutral, was able to make the Congo a private colony with the same land status as his kingdom. This was absurd from the European viewpoint. The Versailles Treaty and the Geneva Protocol provided additional evidence of decline. By resorting to sections of the German civil code, the European allies attempted to punish Kaiser Wilhelm personally for the War even though Bethmann-Hollweg declared the full responsibility to be his. This viewpoint allowed no place for the concept of specific acts as war crimes. The Americans were somewhat more thoughtful; they avoided the problems of Versailles by signing a separate peace with Germany, but likewise gave in to popular sentiment with the Kellogg-Briand Pact and the Stimson Doctrine, which likewise blurred the legal contrast of war as a whole with specific acts of war. The Americans also promulgated new ideas about aggression and diplomatic recognition about which the author has doubts. Interestingly he appears to find the concept of just war legitimate.

There is no space here to discuss the further ramifications of the author's ideas. Surprisingly he was the principal political and legal theorist of Nazi Germany; the book was written in Berlin during World War II. But this is a work that experts take very seriously and I am sure it is not merely an apology for Nazi policies. The introduction by G. L. Ulmen provides important background.

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