Type
Text
Type
Dissertation
Advisor
Mendieta, Eduardo | O'Byrne, Anne | Simpson, Lorenzo | Scheuerman, William E.
Date
2011-12-01
Keywords
Philosophy | Carl Schmitt, Critical Theory, Franz Neumann, Hans Blumenberg, Jurgen Habermas, Rule of Law
Department
Department of Philosophy
Language
en_US
Source
This work is sponsored by the Stony Brook University Graduate School in compliance with the requirements for completion of degree.
Identifier
http://hdl.handle.net/11401/71161
Publisher
The Graduate School, Stony Brook University: Stony Brook, NY.
Format
application/pdf
Abstract
Recently, Carl Schmitt's critique of the modern liberal state has been deployed in an assessment of political modernity. One of the key ideas underlying this critique is the distinction between legitimacy and `mere legality,' which he identifies with modernity. I begin to asses this distinction first from the point of view of Schmitt's theory of secularization, since his critique of legality is the result of a certain philosophy of history. Secondly, I set Schmitt's critique of legality against a critical theoretical account of law and modernity by means of a discussion of the work of Hans Blumenberg, Franz Neumann and Jurgen Habermas. While taking issue with these theorists, I find in this tradition an account of the modern rule of law as the basis for a normative account of democratic legitimacy. | 161 pages
Recommended Citation
Bragagnolo, Celina Maria, "Legitimacy and Legality: Carl Schmitt and the Dialectic of Modernity" (2011). Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions). 368.
https://commons.library.stonybrook.edu/stony-brook-theses-and-dissertations-collection/368