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6 - Human Rights against Politics

A Nationalist Critique: Carl Schmitt

Published online by Cambridge University Press:  18 May 2018

Justine Lacroix
Affiliation:
Université Libre de Bruxelles
Jean-Yves Pranchère
Affiliation:
Université Libre de Bruxelles
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Summary

An amibiguity can arise from the idea of popular sovereignty interpreted as national sovereignty: the people-nation subsumes the man-citizen and it becomes possible to invoke a nationalist idea of democracy against human rights, allowing democracy to be reconceived within counter-revolutionary arguments. Carl Schmitt is the theorist who brought the greatest coherence and radicalism to this line of enquiry. He did so above all in a series of works from 1923-1928, forcing the issue of the choice between democarcy and liberalism as opposing ideas. Schmitt recognizes the impossibility of restoring traditional hierarchies whilst at the same time ploughing the themes of the counter-revolutionary critique of individualism backs into a defence of democracy as a regime of political production of popular will. He argues that democracy is not the regime of equal rights in the sense of human rights: the principle of individual liberty as universal right cannot provide the basis for political community. Democracy does not mean the equality of all as apolitical individuals, but the equality of citizens within a given people - equality as 'national homogeneity' which requires the fondations of the 'politics of hostility'.
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Chapter
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Human Rights on Trial
A Genealogy of the Critique of Human Rights
, pp. 187 - 205
Publisher: Cambridge University Press
Print publication year: 2018

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