"In his last tour de force, published under the Federal Republic, Der Nomas der Erde (‘The Law of the Earth’), Schmitt showed that the very term fetishised by Oakeshott and Hayek to bespeak the transcendence of abstract procedural rules, exempt from all specific social directives, in its origins actually signified the opposite: and that none other than Thomas Hobbes had been the first to make this clear. […] For Schmitt, such original distribution presupposed a founding appropriation, what he called a Landnahme: the occupation of territory that necessarily preceded any division of it, and which English soil had known as memorably as any, under Roman boot and Norman stirrup. The ‘radical title’ (as Locke put it) underlying any law lay in such taking and allocating, as the etymological linkage of nomos with nemein (to take) suggested. Here, conceptually and historically, the oppositions between rule and goal, law and legislation, the civil and the managerial, dissolve. Nomos and telos are one."