The schmittian model of international law; Conceptual Consistency and Justificatory inadequacy

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GHARI SEYED FATEMI SEYED MOHAMMAD; Haji Arab Maryam

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Journal: Legal Research Year:2019 | Volume:22 | Issue:85 Page(s): 61-96

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Information Journal Paper

Title

The schmittian model of international law; Conceptual Consistency and Justificatory inadequacy

Author(s)

GHARI SEYED FATEMI SEYED MOHAMMAD | Haji Arab Maryam | Issue Writer Certificate

Keywords

AnarchismQ2

AuthorityQ2

ExceptionQ1

HobbesianQ1

LiberalismQ2

ParadigmQ1

PoliticalQ1

Abstract

Inspired by Machiavelli, Carl Schmidt considers politics to be the realm of reality, not ethics. Therefore, he observes the basic concepts of modern state theory in a historical context: the theological concepts have become secularized and replaced the omnipotent transcendental God with the absolute Sovereigns. Later, the modern wisdom with the ideal of the“ rule of law” displaced the absolute rulers from the throne of the throne, and replaced the plural and degenerate pseudo-diviners. Pseudo-diviners who are sometimes bladed against themselves. And all the controversy is the same: the modern state guarantees the order and stability of society. Therefore, it is necessary to maintain it and not to blade against itself. Here the Schmidt's claim to describe "what the ruler is" finds a prescriptive aspect: if the Political is tied to the absolute ruler, he must "restore the personal character of sovereignty and make it indistinguishable again. " But what presuppositions and implications the retrieval of this sovereign would have for international politics and how much its worldview is successful in explaining the facts of contemporary international law? We believe that "Schmitt's success in explaining the contemporary international law bares its Hobbesian foundations. At the same time, the only way to abandon Schmitt's ingenious doctrines is to leave his realistic playground and move from the point where he escaped, namely, ethics. "

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APA: Copy

GHARI SEYED FATEMI, SEYED MOHAMMAD, & Haji Arab, Maryam. (2019). The schmittian model of international law; Conceptual Consistency and Justificatory inadequacy. REVUE DE RECHERCHE JURIDIQUE, 22(85 ), 61-96. SID. https://sid.ir/paper/408130/en

Vancouver: Copy

GHARI SEYED FATEMI SEYED MOHAMMAD, Haji Arab Maryam. The schmittian model of international law; Conceptual Consistency and Justificatory inadequacy. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2019;22(85 ):61-96. Available from: https://sid.ir/paper/408130/en

IEEE: Copy

SEYED MOHAMMAD GHARI SEYED FATEMI, and Maryam Haji Arab, “The schmittian model of international law; Conceptual Consistency and Justificatory inadequacy,” REVUE DE RECHERCHE JURIDIQUE, vol. 22, no. 85 , pp. 61–96, 2019, [Online]. Available: https://sid.ir/paper/408130/en

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