Constitutional Theory

Carl Schmitt's magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt's masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original-and, because of his collaboration with the Nazi party, controversial-political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe.

Constitutional Theory is a significant departure from Schmitt's more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

“"What Heidegger's Being and Time is to European philosophy, Constitutional Theory is to European political philosophy. It is astounding that one of the most important works of twentieth-century political theory has remained untranslated until now. But this edition makes the wait worthwhile."- John P. McCormick, University of Chicago"Constitutional Theory represents an unparalleled milestone in Schmitt translations. Indispensable to scholars in political and legal theory, it will undoubtedly occupy a pivotal place in debates over Schmitt. In itself, the Seitzer-Thornhill introduction constitutes one of the most authoritative and intellectually sophisticated contributions to this field in decades."-Joseph W. Bendersky, author of Carl Schmitt: Theorist for the Reich”

"What Heidegger's Being and Time is to European philosophy, Constitutional Theory is to European political philosophy. It is astounding that one of the most important works of twentieth-century political theory has remained untranslated until now. But this edition makes the wait worthwhile."-- John P. McCormick, University of Chicago "Constitutional Theory represents an unparalleled milestone in Schmitt translations. Indispensable to scholars in political and legal theory, it will undoubtedly occupy a pivotal place in debates over Schmitt. In itself, the Seitzer-Thornhill introduction constitutes one of the most authoritative and intellectually sophisticated contributions to this field in decades."--Joseph W. Bendersky, author of Carl Schmitt: Theorist for the Reich

Carl Schmitt (1888–1985) was a leading German political and legal theorist. Among his many books are The Crisis of Parliamentary Democracy, Political Romanticism, The Concept of the Political, Political Theology, and Legality and Legitimacy, which is also published by Duke University Press.

Jeffrey Seitzer teaches at Roosevelt University. He is the author of Comparative History and Legal Theory: Carl Schmitt in the First German Democracy and the editor and translator of Carl Schmitt’s Legality and Legitimacy.

Ellen Kennedy is Professor of Political Science at the University of Pennsylvania. She is the author of Constitutional Failure: Carl Schmitt in Weimar, also published by Duke University Press.

Christopher Thornhill is Professor of Politics at the University of Glasgow. He is the author of German Political Philosophy: The Metaphysics of Law.

"What Heidegger's "Being and Time" is to European philosophy, "Constitutional Theory" is to European political philosophy. It is astounding that one of the most important works of twentieth-century political theory has remained untranslated until now. But this edition makes the wait worthwhile."-- John P. McCormick, University of Chicago ""Constitutional Theory" represents an unparalleled milestone in Schmitt translations. Indispensable to scholars in political and legal theory, it will undoubtedly occupy a pivotal place in debates over Schmitt. In itself, the Seitzer-Thornhill introduction constitutes one of the most authoritative and intellectually sophisticated contributions to this field in decades."--Joseph W. Bendersky author of "Carl Schmitt: Theorist for the Reich"

The Ideas of Man and Woman in Renaissance France provides the first comprehensive comparison of the printed debates in the 1500s over the superiority or inferiority of woman - the Querelle des femmes - and the dignity and misery of man. Analysing these writings side by side, Lyndan Warner reveals the extent to which Renaissance authors borrowed commonplaces from both traditions as they praised or blamed man or woman and habitually considered opposite and contrary points of view. In the law courts reflections on the virtues and vices of man and woman had a practical application-to win cases-and as Warner demonstrates, Parisian lawyers employed this developing rhetoric in family disputes over inheritance and marriage, and amplified it in the published versions of their pleadings. Tracing these ideas and modes of thinking from the writer's quill to the workshops and boutiques of printers and booksellers, Warner uses probate inventories to follow the books to the households of their potential male and female readers. Warner reveals the shifts in printed discussions of human nature from the 1500s to the early 1600s and shows how booksellers adapted the ways they marketed and sold new genres such as essays and lawyers' pleadings.

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