Theologians From Germany

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April 10, 2026

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"More serious consideration must be given to the conceptual definition of the political offered by a well-known Roman Catholic exponent of Constitutional Law, Carl Schmitt. In his view the political has its own criterion, which cannot be derived from the criterion of another realm. It is the distinction between friend and foe which in his view corresponds to “the relatively autonomous criteria of other oppositions, good and evil in the moral sphere, beautiful and ugly in the aesthetic, and so on”. The eventuality of a real struggle, which includes the “possibility of physical killing”, belongs to the concept of the foe, and from this possibility the life of man acquires “its specifically political tension”. The “possibility of physical killing” — really it should be “the intention of physical killing”. For Schmitt’s thesis carries a situation of private life, the classic duel situation, over into public life. This duel situation arises when two men experience a conflict existing between them as absolute, and therefore as capable of resolution only in the destruction of the one by the other. There is no reconciliation, no mediation, no adequate expiation the hand that deals the blow must not be any but the opponent’s; but this is the resolution. Every classic duel is a masked “judgment of God”. In each there is an aftermath of the belief that men can bring about a judgment of God. That is what Schmitt, carrying it over to the relation of peoples to one another, calls the specifically political. But the thesis rests on an error of method."

- Carl Schmitt

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"According to Schmitt’s aggressive critique, which Fraenkel reiterated in his own writings, the parliament had not originally been an institution of democracy and national politics. When first created in the nineteenth century, it was a distinctly bourgeois institution, open only to wealthy elites. Its purpose was to provide a forum for capable and independent individuals to engage in free discussion and peaceful competition of ideas, then legislate laws for the benefit of the general public. In the Weimar Republic, however, this bourgeois institution had begun to unravel. The electorate now comprised not only wealthy individuals but also the masses, huge parties, powerful pressure groups, and private interests that no longer cared about the public good and sought only to serve their own constituencies. In Schmitt’s narrative, celebrated by many anti-republican conservatives, this irreversible process had turned the German parliament, the Reichstag, into a pathetic institution, in which there was no free discussion or any form of cooperation. As he famously put it, “[s]mall and exclusive committees of parties or party coalitions make their decisions behind closed doors, and what representatives of … interest groups agree to in the smallest committees is more important for the fate of millions of people, perhaps, than any political decision.” Schmitt thus acidly dismissed the parliament as an empty shell that was irrelevant to modern politics. Germany had to dispose of it altogether and reconstitute itself as an authoritarian dictatorship. While Fraenkel agreed with the crux of Schmitt’s painful critique, he strongly rejected his anti-parliamentary conclusions. Schmitt was correct in asserting that the Reichstag had emerged from a bourgeois worldview that sought to preserve individual liberties and free economic enterprise, one that was no longer attuned to the twentieth century. Indeed, the rise of the working class had introduced a new concept of rights to politics. Workers were not interested in individual rights but in what Fraenkel called “collective” rights, which were based on the identity of the group. According to Fraenkel, this concept of “group rights” had spread beyond the working class to religious, ethnic, and other groups. These groups were now demanding that the state represent their interests, not just as individuals, but also as members of collectives. “It has rarely been noticed before,” he maintained, “that our era is experiencing the rudiment of a new social order … [in which] not only the individual, but also associations as such engage independently in the creation of public affairs.” It was this modern focus on group demands that had transformed the parliament into a stage for rival blocs. The difficulty that politicians faced in building coalitions between parties reflected the conceptual conflict between the individualist principles of bourgeois parliamentarianism and the collective nature of modern parties and politics."

- Carl Schmitt

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"In a community, the constitution of which provides for a legislator and a law, it is the concern of the legislator and of the laws given by him to ascertain the mediation through calculable and attainable rules and to prevent the terror of the direct and automatic enactment of values. That is a very complicated problem, indeed. One may understand why law-givers all along world history, from Lycurgus to Solon and Napoleon have been turned into mythical figures. In the highly industrialized nations of our times, with their provisions for the organization of the lives of the masses, the mediation would give rise to a new problem. Under the circumstances, there is no room for the law-giver, and so there is no substitute for him. At best, there is only a makeshift which sooner or later is turned into a scapegoat, due to the unthankful role it was given to play. A jurist who interferes, and wants to become the direct executor of values should know what he is doing. He must recall the origins and the structure of values and dare not treat lightly the problem of the tyranny of values and of the unmediated enactment of values. He must attain a clear understanding of the modern philosophy of values before he decides to become valuator, revaluator, upgrader of values. As a value-carrier and value-sensitive person, he must do that before he goes on to proclaim the positings of a subjective, as well as objective, rank-order of values in the form of pronouncements with the force of law."

- Carl Schmitt

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