Jurisprudence and Governmentality

So the 1936 case, US v. Curtiss-Wright Corp, contains some real gems of fascist legal philosophy sewn amongst highly turgid references to other decisions and statutes. It helps to understand the current battle over the unified executive doctrine, however, so we’re stuck wading through Sutherland’s poorly-reasoned and poorly-written prose. “Rulers come and go; governments end… Continue reading Jurisprudence and Governmentality

Natural Law, Divine Rights, and the political theology of Carl Schmitt

Antoinette points out that property law is an innovation required by feudalism, insofar as the monarch and his lords required a means to transfer use and possession of the land to the peasantry while maintaining their fundamental sovereignty (understood by the phrase, “Every man’s home is the King’s castle.”) She suggests that the capacity to… Continue reading Natural Law, Divine Rights, and the political theology of Carl Schmitt

On the title “Liberal”

I can never decide whether to call myself a ‘liberal.’ A lot of the time, you’re only presented with two options, and I think in those situations it’s okay to glom on to some basic party affiliation: Democrat/Republican, leftist/rightie, progressive/conservative, etc. But when you’re writing about yourself, you’ve got the power to present yourself in… Continue reading On the title “Liberal”

Duh… Terrorism is an ‘ism’

The entry for “terrorisme” in the 1989 Encyclopaedia Universalis begins: “To terrorize does not mean to ‘terrify,’ to ‘strike with fear,’ but following [the nineteenth centurty lexicographer] Littré ‘to establish terrorism, the rule of terror.” (my translation) This usage of the word originated in the revolutionary government of France, specifically a period between September 1793… Continue reading Duh… Terrorism is an ‘ism’