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Vol 23 No 5 May/June 2018

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Constitutional Theory: Schmitt After Derrida

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ISBN13: 9781138293786
Published: April 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00

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This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt's texts, including Dictatorship (1921), The Concept of the Political (1927), Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate Salus (1950), The Nomos of the Earth (1950), and The Theory of the Partisan (1963). This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution, and human rights.

The book seeks to rethink the structure of these concepts in line with Derrida's analysis of Schmitt's texts on the concept of the political in Politics of Friendship (1993). This happens by way of an analysis of Derrida's engagement with Freud and other psychoanalysts. Although the main focus in the book is on Schmitt's texts, it further examines two texts of Derrida (Khora and Fors: The Anglish Words of Nicholas Abraham and Maria Torok), by reading these alongside Schmitt's own reflections on the positive concept of the constitution.

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Constitutional and Administrative Law, Jurisprudence
1. The concept of the political
a. Polemios
b. Partisan
c. Brother/self
2. Constituent power
3. The concept of the constitution
a. Khora
b. Crypt
4. Human rights
5. State, Grossraum, Nomos
6. Conclusion

Series: Birkbeck Law Press

Anarchy in the System: Law and Power in a Global World ISBN 9780415620635
To be published October 2018
Constitutional Theory: Schmitt After Derrida (eBook) ISBN 9781351866392
Published April 2017
£34.28 + £6.86 VAT
Crime Fiction and the Law ISBN 9781138818460
Published December 2016
£34.28 + £6.86 VAT
New Critical Legal Thinking: Law and the Political ISBN 9780415533058
Published March 2014
£32.56 + £6.51 VAT
New Critical Legal Thinking: Law and the Political ISBN 9780415619578
Published July 2012