The Total Enemy. An approach to the thought of Carl Schmitt under the sign of the Third Reich (1931-1945)

Authors

  • Pablo Fabián Americo IDAES-UNSAM/CONICET

DOI:

https://doi.org/10.17811/hc.v0i26.1143

Keywords:

Constitutional Law, Nazism, illiberal jurisprudence, authoritarianism, totalitarianism

Abstract

In this article we propose an approach to the most controversial and least revisited stage of the work of the German jurist Carl Schmitt: that which takes place during the rise and fall of Nazism. Taking into account the author's adherence to the National Socialist government, we are guided by a series of broader research questions about the relationship between morality, law and politics as well as the interest in investigating the legal foundations of illiberal governments. We are interested, at a more specific level, in exploring the tension in the work of the most important jurist of Nazism between the configuration of a pluriverse of nations, the rise of a German Empire and the promotion of totalitarianism as a true form of democracy. Without attempting to make an exhaustive review or a phylogeny of Schmitt's concepts, or of his interlocutors, we seek to critically observe the plot points in a series of books, articles and conferences made by Carl Schmitt during the rise, development and fall of the National Socialist dictatorship. For this, we will divide our work into a first section that will outline some interpretations and approaches to the use of the work of the German jurist, and then, in a second section, we will concentrate on the Schmittian works that appeared during the period.

 Enviado el (Submission Date): 27/01/2025

Aceptado el (Acceptance Date): 14/03/2025

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Published

2025-09-01