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5.5 schmitt's begriffsmagie

Schmitt offers no theory that falsifies opposing approaches - such as a cooperation-oriented public international law in general, and reconstructions of the law of international institutions by legal scholarship in view of inter­national public authority, a transnational common good and an inclusive shaping of politics in particular - nor tells us why such approaches are unfounded.

Schmitt's argumentation, however, does not deprive his books of their relevance. On the contrary, the indisputable success alone confirms the general pattern that works built on weak premises can be successful and can even advance scholarship.[350]

One of Schmitt's major achievements is that he brilliantly coins concepts which potently rearticulate the ancient world-view of particularism. Ernst Jünger considered these coinages as Schmitt's actual genius - to borrow Jünger's vivid metaphor, Schmitt's concepts are like a ‘mine that explodes silently'.[351] This achievement is easier to understand when one thinks about what constitutes a Begriff. As Schmitt states, minting concepts requires more than just describing the discursive usage of a word; a concept needs to be filled with genuine insight.[352] That is why Schmitt denies the conventional definition of the state as ‘the political status of an organized people in an enclosed territorial unit' any conceptual character.[353] In Schwab's translation, The Concept of the Political holds that a concept ‘can speak clearly for itself.[354] The German original makes an epistemologically stronger claim: a concept is ‘ohne weiteres einleuchtend', that is, self-evident.[355] However, the friend-enemy distinction is by no means self- evident, as is shown by the existence of many different concepts of the political.[356]

More recent research, for instance the works of the historian Reinhart Koselleck, fares better at explaining what Schmitt actually achieved by coining his concepts. Words express a concept when they identify or distinguish something, combining various phenomena, experiences, theories, or data so as to provide insights that transcend the mere designation of situations or issues.[357] Assessed against this standard, Schmitt indeed coins strong concepts.

Schmitt's texts succeed in coalescing experiences, modalities of understand­ings, and theories in a succinct formula (the friend-enemy distinction) that renews the relevance of a certain realist tradition in European political thought in an era epitomised by incipient mass democracy and international interdependence.

In this way, Schmitt renews, reformulates, and focuses raison d'etat assump­tions from two thousand years of political thought for his era: the primacy of foreign policy, the precariousness of a law-based international order, the omnipresence of life-threatening forces, the need for leadership and a high degree of social integration as preconditions of domestic order, but also the appeal of heroism, of the readiness to sacrifice, of heartfelt community, centred in a political leader, and not least the unease vis-à-vis a commodified and technologised society craving for continuous progress.

Furthermore, Schmitt provides a highly illuminating reconstruction of the history of international law, a history of rise and decline rather than of linear progress. Very few have succeeded in crafting a similarly gripping history of international law. Milestones such as Wilhelm Grewe's The Epochs of International Law or Martti Koskenniemi's Gentle Civilizer of Nations are hard to imagine without Schmitt's writings.[358]

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Source: Brett Annabel, Donaldson Megan. History, Politics, Law: Thinking through the International Cambridge University Press,2021. — 450 p.. 2021

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