RphZ Rechtsphilosophie

Why should we read Carl Schmitt, an authoritarian and at times convinced National Socialist jurist, today? What could we gain and learn from Schmitt’s thought that would be of more than historical interest? And how should his indissolubly...

In his contribution, Jens Hacke considers the potentials of a liberal reception of Schmitt from the perspective of political science. On the one hand, he highlights the descriptive value of some of Schmitt’s theorems when being taken up and...

In her contribution, Anna-Bettina Kaiser first asks the sociological question whether Schmitt’s wide reception is a testament to the topicality of his thought or whether it is also to an important degree due to an influential group of students....

In the section „On the Constitution“ in his „Foundations of Natural Right“, Johann Gottlieb Fichte designs a total police state. The passport functions as an instrument to ensure permanent surveillance of citizens. This text paradigmatically...

In his contribution, Klaus Günther deals with Schmitt’s distinction between legality and legitimacy. According to Günther, Kervégan’s decontextualization of the distinction first requires a recontextualization. Thus, he shows to what extent...

In her contribution, Marietta Auer takes up Jean-François Kervégan’s call to decontextualize Schmitt and to take up and modify individual aspects of his writings. Auer addresses the problem of a specifically jurisprudential epistemology and thus...

As in the book “Was tun mit Carl Schmitt?”, we try here to provide a decontextualized account of some Carl Schmitt’s arguments, in order to evaluate their possible fertility. This concerns what “political theology” implies for law, the...

Interestingly, the right to leave, which is generally considered to be at the core of liberal states, has rarely been substantiated in the history of philosophy. This neglect is unfortunate, in particular since this right is currently contested both...

Subjects are not simply found. They are constructed by institutions, social practices and societies. The subject is the result of subjectification. This analysis of transformation aims to show, on the basis of penal practices, that an appropriate...

As empirical migration studies have repeatedly shown, since the late 1990s mandatory integration policies have steadily gained importance in Western societies. These policies require immigrants to take certain actions or to demonstrate certain...

Achenwall’s textbook on ‘ius naturae’, first published in 1750 and subsequently often reprinted, was certainly one of the most powerful lecture-compendia in the second half of the 18th century in Germany, not at least because of its momentous...

Abstract The Elementa Iuris Naturae of G. Achenwall have been one of the most common and most successful textbooks of natural law at German universities in the 18th century, not­withstanding its lack of originality concerning the foundation of...

Der Naturrechtslehrer und Staatswissenschaftler Gottfried Achenwall (1719-1772) gehört zu den bedeutenden, wenn auch weniger bekannten Persönlichkeiten der Göt­tinger Aufklärung des 18. Jahrhunderts. Am 20. Oktober 2019 jährte sich sein...

In § 116 of Achenwall/Pütter Elementa Iuris Naturae the following possibilities of conflicts of duties are listed: “There can be a conflict 1. of prohibiting laws with each other, 2. of prescribing laws with each other, 3. of prescribing laws...