/lit/ - Literature

There is no writer in the history of literature who writes with the same verve and inner passion as the great Carl Schmitt.

>>11035680
Decisionists will argue that all law works this way. For the communists, they are simply fighting to make the proletariat "who decides". For the liberal, they are simply fighting to make the financier "who decides". It always comes down to that. Even Rousseau is simply asserting the majority is, "who decides," and by his own idiotic logic he maintains that dissenters from the majority simply don't know their own will.

>When therefore the opinion that is contrary to my own prevails, this proves neither more nor less than that I was mistaken, and that what I thought to be the general will was not so. If my particular opinion had carried the day I should have achieved the opposite of what was my will; and it is in that case that I should not have been free.

Now regarding the "state of exception," that is a circumstance in which the authority of "who decides" is jeopardized in a way which the law is not sufficient to protect, and so he or they must act outside (above) the law in order to maintain their authority (or "order" if you are less cynical). A good example of this is the Alien and Sedition Acts under John Adams. It was not just that censorship was unconstitutional by going against the Bill of Rights, it was also that the Federal Government doesn't even have that authority, it only has the authority the Constitution explicitlygrants it. But there was a serious "state of emergency," and to give you an idea, Gouverneur Morris in his diary reveals that Edmund Randolph was not simply forced to resign for the public reasons, but because he was literally found to be plotting with Jacobins in France for the overthrow of the United States government in order to establish a Jacobin government here. These were desperate times, and newspapers were printing deliberate lies about the Federal government in order to incite revolution, lies which could hardly be rapidly countered in that age. And so the Alien and Sedition Acts were passed to save the nation from Jacobins.