Carl Schmitt was a German jurist and law professor. Along with Heidegger he was regarded as philosophers of the Third Reich. Therefore, he was famous for supporting the Nazi regime with his legal thoughts and theories. Basically he argued that the exception (i.e. state of emergency) to any norm justifies the existence of the rule in first place. Consequently, sovereign is he who decides on the exception. He is studied by Constitutional lawyers henceforward.
In 1921, Carl Schmitt became a professor at the University of Greifswald in Nazi Germany, where he published his essay "Die Diktatur" ("On Dictatorship"), in which he discussed the foundations of the newly-established Weimar Republic, emphasising the office of the Reichspräsident. In this essay, Schmitt compared and contrasted what he saw as the effective and ineffective elements of the new constitution of his country. To him, the office of the president could be characterized as a comparatively effective element within the new constitution, because of the power granted to the president to declare a state of emergency. This power, which Schmitt discussed and implicitly praised as dictatorial, was seen as more effective, more in line with the underlying mentality of political power, than the comparatively slow and ineffective processes of legislative political power reached through parliamentary discussion and compromise.
Schmitt was at pains to remove what he saw as a squeamish taboo surrounding the concept of "dictatorship" and to show that, in his eyes, the concept is implicit whenever power is wielded through pathways outside the slow and rusty processes of parliamentary politics:
“If the constitution of a state is democratic, then every exceptional negation of democratic principles, every exercise of state power independent of the approval of the majority, can be called dictatorship.”
For Schmitt, every government capable of decisive action must include a dictatorial element within its constitution. Although the German concept of Ausnahmezustand is best translated as "state of emergency", it literally means state of exception which,according to Schmitt, frees the executive from any legal restraints to its power that would normally apply. The use of the term "exceptional" has to be underlined here: Schmitt defines sovereignty as the power to decide the instauration of state of exception, as Giorgio Agamben has noted. According to Agamben, Schmitt's conceptualization of the "state of exception" as belonging to the core-concept of sovereignty was a response to Walter Benjamin's concept of a "pure" or "revolutionary" violence, which didn't enter into any relationship whatsoever with right. Through the state of exception, Schmitt included all types of violence under right. According to Giorgio Agamben, this kind of violence, which necessarily bears a juridical value, is another example of the fusion of right to "bare life" (It. vita nuda, Greek) that transforms the juridical system into a "death machine," able to perform acts of pure violence as needed for self-legitimation, creating Homo sacer, a being that cannot be "murdered" or "sacrificed" but only killed.
Schmitt opposed what he called "chief constable dictature", or the declaration of a state of emergency in order to save the legal order (a temporary suspension of law, defined itself by moral or legal right): the state of emergency is limited (even if a posteriori, by law), to "sovereign dictature", in which law was suspended, as in the classical state of exception, not to "save the Constitution", but rather to create another Constitution. This is how he theorized Hitler's continual suspension of the legal constitutional order during the Third Reich (the Weimar Republic's Constitution was never abrogated, underlined Giorgio Agamben; rather, it was "suspended" for four years, first at February 28, 1933 Reichstag Fire Decree, with the suspension renewed every four years, implying a -- continual -- state of emergency).
The direction all this leads, and the reason why Schmitt has been taken so seriously by political theory, is to the theorisation of the crisis and state of emergency as not exceptional moments in political life opposed to some stable normality, but themselves the predominant form of the life of modern nations.
I had to think about Schmitt, because yesterday Chavez addressed the Venezuelan people at his Alo Presidente "What I want means a direct order" he said on National Television...."yo quiero significa una orden"...I would go even further: Chavez is the law, because currently the rule of law comes from Chavez´s orders, this constitutes in my opinion a dictartorship...
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