슈미트의 법 및 정치관념에 대한 일고찰

초록

The worldwide interest in Schmitt's legal and political thoughts is linked with the contemporary critique of liberal universalism and political interventionism. Following Schmitt, the political liberalism and normative universalism have brought about not only the prevalence of economy and technology, but also the end of Ius Publicum Europaeum which has conditioned the modern geopolitical stability and the limitation of war between the sovereign states. Accordingly he has tried to regenerate the sovereign power and politics. Schmitt has insisted that the ‘political’ is the basic category of human existence and the specific political distinction is that between friend and enemy. The extraordinary crisis urges the sovereign to decide the state of exception and to define who is the enemy. To that extent the state of exception reveals the limit of legal order and normality. At the same time it functions as a necessary condition of the normalization. But the liberalism and legal positivism of the nineteenth-century have never reached the essence of the ‘political’ and have only adhered to the abstract neutrality and legality. The prevalence of liberalism has signaled the decline of the ‘political’ and the end of Ius Publicum Europaeum. Schmitt has proposed the renewal of the modern international politics in opposition to the post-worldwar unilateral order based on the legal universalism and moralism. In a globalized world Schmitt's political concepts can imply the new nomos of spatial plurality and post-modern geopolitics. Especially it is the main reason why we are newly interested in Schmitt's political thoughts.

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