German jurist, political theorist and professor of law (1888-1985)
Carl Schmitt (11 July 1888 – 7 April 1985) was a German jurist and political theorist. Schmitt wrote extensively about the effective wielding of political power. A conservative theorist, he is noted as a critic of parliamentary democracy, liberalism, and cosmopolitanism, and his work has been a major influence on subsequent political theory, legal theory, continental philosophy, and political theology.
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The various philosophies of life presented themselves as a conquest of materialism, or in any case, they readily claimed it. That does not change anything: their valuations, revaluations, and explanations of disvalue have been emptied into the over-all secularization stream, where they have only hastened the tendency to unlearn, which is a neutralizing process, after all.
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The social product grows from year to year. Who is now the true creator of this surplus value which grows wildly and beyond any measure? Who can afford to figure out the profit yielded causally adequate by this immense wealth and the series of economic miracles? In concrete terms: who is the legitimate distributor of the social product and who actually assesses the shares in practical life? As long as the issue is about value, all such questions must above all be formulated as economic questions.
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.
Nobody can valuate without devaluating, revaluating, and serving one’s interests. Whoever sets a value, takes position against a disvalue by that very action. The boundless tolerance and the neutrality of the standpoints and viewpoints turn themselves very quickly into their opposite, into enmity, as soon as the enforcement is carried out in earnest. The valuation pressure of the value is irresistible, and the conflict of the valuator, devaluator, revaluator, and implementor, inevitable.
Correctly understood, the phrase “tyranny of values” may supply the key to the understanding that all thinking about values only foments and intensifies the old and endless struggle between convictions and interests. Not much is gained by what the modern philosophy of values acknowledges as the “fundamental relationship,” according to which, occasionally the lower value may be preferred to the higher value, because that is the prerequisite of the higher value. All that points only to the confusion that affects the whole argumentation about values, which continually gives rise to new relations and points of view, thereby the position is always maintained from which the opponent is reproached that he does not heed the manifest values; or, in other words, he is disqualified as value-blind. The polemical utilization of the word “blind” is adequate to the logic of values as long as it is concerned with the systems of reference that it will build up out of viewpoints, standpoints, and vantage-points.
A science that observes the laws of causation, and so is value-free, threatens human freedom and man’s religious, ethical, and legal responsibility. The philosophy of values raised to that challenge, in the sense that it opposed a sphere of values, as a realm of ideal valuations, to a sphere of being that was only causally understood. It was an attempt to assert the human being as a free, responsible creature, indeed not in itself, but at least, in its valuation, what one called value. That attempt was put forth as a positivistic substitute for the metaphysical.
The state as the decisive political entity possesses an enormous power: the possibility of waging war and thereby publicly disposing of the lives of men. The jus belli contains such a disposition. It implies a double possibility: the right to demand from its own members the readiness to die and unhesitatingly to kill enemies.