In his hysteria to show support for the anti-Democratic Boycott Bill, Ronen Shoval, the founder of Im Tirzu, an Israeli far right group, quotes here from Carl Schmitt, whom he describes as a German legal expert.
Interesting. But who was Carl Schmitt?
Here it says:
This student of Max Weber was a legal and politcal theorist of Weimar and Nazi Germany. This chap was a paid up, active Nazi – though his friends have tried to exonerate him of these charges.
Schmitt’s political theory was founded on the idea of exception (Ausnahmezustand) from where he launched an attack on liberalism. According to Schmitt unforeseen and sudden situations in the political render unstable any system build on pre-planned responses and fixed legal codes. The political rests on a fundamental contingency and basic conflict hence it cannot adopt apriori rules of procedure. Liberalism disregards this inherent contingency and does not account for exception in its constual of rules.
Here it says:
Schmitt changed universities in 1926, when he became professor for law at the Hochschule für Politik in Berlin, and again in 1932, when he accepted a position in Cologne. It was in Cologne, too, that he wrote another paper, “Der Begriff des Politischen” (“The Concept of the Political”), in which he developed his controversial state law theories. Apart from his academic funtions, Schmitt was counsel for the Reich government in the case “Preussen contra Reich” when the SPD led Prussian government disputed its dismissal by the right-wing von Papen government. One of the counsels for the Prussian government was Hermann Heller. In German history, this sad struggle leading to the de facto destruction of federalism in the Weimar republic is known as the 'Preussenschlag'.
Schmitt's theories in this paper were later used by the Nazis for an ideological foundation of their dictatorship, and Schmitt was later accused of having justified the “Führer” state with regard to legal philosophy. In fact, Schmitt, who became a professor at the University of Berlin in 1933 (a position he held until the end of World War II) joined the NSDAP on May 1, 1933; he quickly was appointed “preußischer Staatsrat” by Hermann Göring and became the president of the “Vereinigung nationalsozialistischer Juristen” (“Union of National-Socialist Jurists”) in November.
Half a year later, in June 1934, Schmitt became editor in chief for the professional newspaper “Deutsche Juristen-Zeitung” (“German jurisprudents' newspaper”); in July 1934, he justified the political murders of the Night of the Long Knives as the “highest form of administrative justice” (“höchste Form administrativer Justiz”).
Schmitt presented himself as a radical anti-semite and also was the chairman of a law teachers' convention in Berlin in October 1936, where he demanded that German law be cleansed from the “Jewish spirit” (“jüdischem Geist”); nevertheless, two months later, in December, the SS publication “Das schwarze Korps” accused Schmitt of being an opportunist and called his anti-semitism a mere mock-up, citing earlier statements in which he criticised the Nazi's racial theories. After this, Schmitt soon lost all of his prominent offices, and retreated from his position as a leading Nazi jurist, although he remained as a professor in Berlin.
In 1945, Schmitt was captured by the American forces; after spending more than a year in an internment camp, he returned to his home town of Plettenberg following his release in 1946. Despite being isolated in the scientific and political community, he continued to study international law from the 1950s on.
There's even more here:
Schmitt, who became a professor at the University of Berlin in 1933 (a position he held until the end of World War II) joined the NSDAP on May 1, 1933; he quickly was appointed "Preußischer Staatsrat" (Prussian State Counselor) by Hermann Göring and became the president of the "Vereinigung nationalsozialistischer Juristen" ("Union of National-Socialist Jurists") in November. He thought of his theories as an ideological foundation of the Nazi dictatorship, and a justification of the "Führer" state with regard to legal philosophy, in particular through the concept of auctoritas.
Within days of joining the party, Schmitt was party to the burning of books by Jewish authors, rejoicing in the burning "un-German" and "anti-German" material, and calling for a much more extensive purge, to include works by authors influenced by Jewish ideas.
Schmitt remarked in January 1933, "one can say that 'Hegel died.'" Richard Wolin observes, "...it is Hegel qua philosopher of the "bureaucratic class" or Beamtenstaat that has been definitely surpassed with Hitler's triumph.... this class of civil servants—which Hegel in the Rechtsphilosophie deems the "universal class"—represents an impermissible drag on the sovereignty of executive authority. For Schmitt ... the very essence of the bureaucratic conduct of business is reverence for the norm, a standpoint that could not exist in great tension with the doctrines of Carl Schmitt... Hegel had set an ignominious precedent by according this putative universal class a position of preeminence in his political thought, insofar as the primacy of the bureaucracy tends to diminish or supplant the prerogative of sovereign authority."
Half a year later, in June 1934, Schmitt became editor in chief for the self-published newspaper "Deutsche Juristen-Zeitung" ("German Jurists' Newspaper"); in July 1934, he justified the political murders of the Night of the Long Knives as the "highest form of administrative law" ("höchste Form administrativer Justiz") and the authority of Hitler with "The leader defends the law" ("Der Führer schützt das Recht"). Schmitt presented himself as a radical anti-semite and also was the chairman of a law teachers' convention in Berlin in October 1936,[9] where he demanded that German law be cleansed of the "Jewish spirit" ("jüdischem Geist"), going so far as to demand that all publications by Jewish scientists should henceforth be marked with a small symbol.
Nevertheless, in December 1936, the SS publication Das schwarze Korps accused Schmitt of being an opportunist, a Hegelian state thinker and basically a Catholic, and called his anti-semitism a mere pretense, citing earlier statements in which he criticized the Nazis' racial theories. After this, Schmitt resigned from his position as "Reichsfachgruppenleiter" (Reich Professional Group Leader), although he retained his post as a professor in Berlin, and his post as "Preußischer Staatsrat". Although Schmitt continued to be investigated into 1937, further reprisals were stopped by Göring.
[edit]Post-World War II
In 1945, Schmitt was captured by the American forces; after spending more than a year in an internment camp, he returned to his home town of Plettenberg following his release in 1946, and later to the house of his housekeeper Anni Stand in Plettenberg-Pasel. Schmitt refused every attempt at de-nazification, which effectively barred him from positions in academia. Despite being isolated from the mainstream of the scholarly and political community, he continued his studies especially of international law from the 1950s on, and he received a never-ending stream of visitors, both colleagues and younger intellectuals, until well into his old age. Important among these visitors were Ernst Jünger, Jacob Taubes, and Alexandre Kojève.
In 1962, Schmitt gave lectures in Francoist Spain, two of them giving rise to the publication, the following year, of Theory of the Partisan (Telos Press, 2007), in which he qualified the Spanish civil war as a "war of national liberation" against "international Communism." Schmitt regarded the partisan as a specific and significant phenomenon that, in the latter half of the twentieth century, indicated the emergence of a new theory of warfare.
Schmitt died on April 7, 1985 and is buried in Plettenberg.
So, the hysterical zealots are resorting to quoting members of the Nazi judiciary to justify their desire to turn Israel fascist. But do they have to be so transparent about it?
