Legal systemology and the geopolitics of Roman law: a response to Stuart Elden’s critique of Carl Schmitt’s spatial ontology

This paper explores the production, destruction, and reproduction of the geopolitical spaces of Roman law in order to offer an analysis of Schmitt’s (selective) notion of Jus Publicum Europaeum and its relevance to the current “depoliticization” and “dejuridification” of the world. By adopting a historical and geopolitical approach that reaches the boundaries of legal systemology and political theology, the present contribution investigates the manipulative and instrumentalist use of the material object of Rome’s (universalist) competence, namely the “territory” as dominium of its political intervention, which was ultimately (and idealistically) aimed at avoiding the natural destiny of any living being: birth, maturity, and death. Attention is therefore paid to the Roman strategy of (ontological?) contamination of its mythical identity through the legal and sociopolitical administration and regulation of its geographical spaces in terms of (non-)cultural signification. Through the analysis of such concepts as “nomos,” “Großraum,” “Ortung,” and “Ordnung,” it is claimed that Schmitt voluntarily chose to identify the Jus Publicum Europaeum with the geopolitical order produced during the Age of Discovery and not with the “comprehensive” Roman spatial order. The reason for this choice may be identified in the distortive use of Rome’s social relations and political allegiances that lay at the core of its genealogical expansionism (and subsequent inevitable dissolution) since the conquest of Veius in 396 BC and the historical compromise between patrician nobility and plebeians in 367 BC.

Bonhoeffer as Kierkegaard’s ‘single individual’ in a ‘state of exception’

This thesis interrogates the idea that violence can be justified as a ‘last resort’ through investigating the concept of ‘exception’ in the writing and action of the German theologian Dietrich Bonhoeffer, in conjunction with the writings of Soren Kierkegaard and the Nazi jurist Carl Schmitt.

Conceptualizing The Schmittian ‘Exception’ in the European Union: from the ‘Opt-Out’ Procedure(S) to indirect forms of secessionism

Too often, legal and sociopolitical scholars concerned with European policies anddecision-making procedures focus their efforts only on the official essence ofconventional opt-out forms of nonparticipation in the European integration process,such as those established in the Treaty of Lisbon. Yet, far from being just an internalmatter, the independentist instances which informed the Scottish referendum had asignificant impact on delicate issues of EU law, biopolitics, political anthropology,political theology, and foreign policy which deserve to be properly addressed. Thenecessity of conducting such an analysis is self-evident, and mainly related to thepossibility that the Scottish experience may be soon replicated, with different results,in the Italian regions of Venetia, Sardinia, and Lombardy, and in the Spanishcommunity of Catalonia. Delving into this dimension through Schmitt’s politicaldecisionism and adopting a comparative and interdisciplinary approach thattranscends the limits of pure positivistic and analytical lines of inquiry, this paperpresents a country’s choice to leave the EU or stop cooperating with it through thedirect opt-out mechanisms officially regulated in its Treaties, or through indirectforms of secessionism, in terms of an ‘exceptional’ act of sovereign will.

A critique of the political theology of Slavoj Zizek

This chapter critiques the political theology of Slavoj Zizek as beset by social theoretical and strategic political problems. Political theology here is a privileged intellectual terrain on which to simultaneously resolve questions about liberating forms of social cohesion in a post-revolutionary political community and about cultural strategy in the radical program. In connection with the Marxist critique of religious ideology, Zizek’s work represents an important contribution to the research program that emerged from the Althusserian approaches to social theory. But although Zizek has the conceptual resources to generate a dialectical theory of the connection between religious ideology and political strategy, he instead opts for a theory of radical rupture with existing forms of life. Detoured through the encounter with Carl Schmitt, Zizek’s doctrine of radical rupture quickly becomes an inverted Schmittianism, freighted with the problems of the militarisation of politics and the arbitrary designation of enemies that he diagnoses in Schmitt, but does not transcend in his own response. Zizek’s figure of the “religious suspension of the ethical” brings the politics of rupture to its most problematic (and baroque) formulations, revealing the fundamental problem of the ideological representation of political structures.