Benjamin A Schupmann
Biographic Data
| ID | 4375835 |
|---|---|
| NAME | Benjamin A Schupmann |
| GIVEN NAMES | Benjamin A |
| FAMILY NAME | Schupmann |
| SIGNATURE | SCHUPMANN B A |
| AFFILIATIONS | Yale-NUS College, Singapore |
| ORCID | 0000-0001-7686-150X |
| VERIFIED | Yes |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 6 |
| AUTHOR COUNT | 16 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2014 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Otto Kirchheimer and militant democracy
Democracy despite Itself: Liberal Constitutionalism and Militant Democracy
This book advances a liberal normative theory of militant democracy to address the existential threat to democracy posed by ‘legal revolution’. ‘Militant democracy’ refers to the use of measures of constitutional entrenchment to defend democracy. Legal revolution occurs when democratically elected actors use legal procedures to undermine democratic constitutional essentials, evident today in countries like Hungary, India, and Turkey. This book de…
A link in an intergenerational chain’: Sovereignty and justice in Ferrara’s sovereignty across generations
What recourse do democrats have if a present generation uses democratic legal procedures to abrogate constitutional essentials, dissolving past commitments and denying future generations the fundamental freedoms and equalities it currently enjoys? In Sovereignty across Generations, Alessandro Ferrara responds to this issue by re-examining key concepts related to democracy, including sovereignty, constituent power, liberalism and constitutionalism…
Democracy, Undeluded
This article critically examines Busk's Democracy in Spite of the Demos, which critiques the "categorical imperative of democracy." Although Busk effectively challenges the commitment to value-neutral democratic procedures as the foundation for legitimate law, his alternative, curtailing powerful interests ability to manipulate voters using "socially necessary delusions," risks establishing elite rule. This article instead proposes basic liberal …
Liberalism, legal revolution and Carl Schmitt
This article reflects on William E Scheuerman’s The End of Law and the value of the liberal rule of law. It puts Scheuerman’s concerns about Schmitt’s attacks on the liberal rule of law in dialogue with Schmitt’s theory of ‘legal revolution’. It argues that, although Schmitt was neither a liberal nor a democrat, his work on legal revolution can help liberals respond to populist attacks on liberal constitutional essentials
Constraining political extremism and legal revolution
Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyse…
The Absolute State
Chapter 3 analyzes Schmitt’s state theory. It begins with Schmitt’s criticism of “the mechanical state,” a conception of the state that he associated with positivism. Schmitt denied that the state was only machine-like and that it should merely execute whatever commands were fed into it. Instead, drawing on his interpretation of Hobbes, he argued that a legitimate state must make an absolute commitment to some substantive value, some political co…
The Challenge of Mass Democracy
Chapter 1 analyzes Schmitt’s assessment of democratic movements in Weimar and the gravity of their effects on the state and constitution. It emphasizes that the focus of Schmitt’s criticism of Weimar was mass democracy rather than liberalism. Schmitt warned that the combination of mass democracy, the interpenetration of state and society, and the emergence of total movements opposed to liberal democracy, namely the Nazis and the Communists, were …
Basic Rights
Chapter 6 analyzes how Schmitt applied his state and constitutional theory to Weimar. It shows Schmitt theorized a “counter-constitution” that entrenched liberal basic rights absolutely against democratic amendment procedures. It challenges the belief that Schmitt was a “relentlessly” illiberal thinker. This chapter analyzes how Schmitt applied his thought to Weimar in opposition to the prevailing positivist interpretation of the constitution, wh…
The Absolute Constitution
Chapter 4 analyzes Schmitt’s constitutional theory and how it complements his state theory. It begins with Schmitt’s criticism of the predominant positivist conception of the constitution. Schmitt argued that the positivists’ “relativized” conception of the constitution was committed above all to the equal chance of any belief to be enacted into law. This chapter then analyzes Schmitt’s counterargument that, without a prior and “absolute” commitm…
Conclusion
The Conclusion uses Schmitt’s thought to analyze what is today known as “constrained” or “militant” democracy. A constrained democracy is a constitutional regime with mechanisms to prevent its own democratic subversion. Although this regime is present to varying degrees in most liberal democratic states today, efforts to provide its comprehensive normative theory and justify its use have fallen short. The conclusion argues that Schmitt’s state an…
The Concept of the Political
Chapter 2 reinterprets Schmitt’s concept of the political. Schmitt argued that Weimar developments, especially the rise of mass movements politically opposed to the state and constitution, demonstrated that the state did not have any sort of monopoly over the political, contradicting the arguments made by predominant Weimar state theorists, such as Jellinek and Meinecke. Not only was the political independent of the state, Schmitt argued, but it …
Carl Schmitt's State and Constitutional Theory
This book analyzes Carl Schmitt’s state and constitutional theory and shows how he conceived it in response to the Weimar crisis. Schmitt modeled his theory on past state theory, particularly Hobbes’ Leviathan . Schmitt sought to address the unique problems posed by mass democracy. Extremists recognized a path to legal revolution lay in the constitution’s combination of democratic procedures, total neutrality toward political goals, and positive …
The Guardian of the Constitution: A Critical Analysis
Chapter 5 analyzes Schmitt’s theory of dictatorship. Schmitt’s theory of dictatorship was part of his broader criticism of positivism and its inability to effectively respond to the instabilities mass democracy wrought on the state and constitution. Positive laws, including constitutional amendment procedures, could themselves become threats to the fundamental commitments of public order. The suspension of positive laws might be justified. Schmit…
Carl Schmitt: A Biography. By Reinhard Mehring (Malden, MA: Polity, 2014)
Thoughtlessness and resentment: Determinism and moral responsibility in the case of Adolf Eichmann
Is a devoted Nazi or a zombie bureaucrat a greater moral and political problem? Because the dangers of immoral fanaticism are so clear, the dangers of mindless bureaucracy are easy to overlook. Yet zombie bureaucrats have contributed substantially to the greatest catastrophes of the 20th century, doing so seemingly oblivious to the monstrous qualities of their actions. Hannah Arendt’s work on thoughtlessness raises a dilemma: if Eichmann, the arc…
Constraining political extremism and legal revolution
Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyse…
Thoughtlessness and resentment: Determinism and moral responsibility in the case of Adolf Eichmann
Is a devoted Nazi or a zombie bureaucrat a greater moral and political problem? Because the dangers of immoral fanaticism are so clear, the dangers of mindless bureaucracy are easy to overlook. Yet zombie bureaucrats have contributed substantially to the greatest catastrophes of the 20th century, doing so seemingly oblivious to the monstrous qualities of their actions. Hannah Arendt’s work on thoughtlessness raises a dilemma: if Eichmann, the arc…
Otto Kirchheimer and militant democracy
Thoughtlessness and resentment: Determinism and moral responsibility in the case of Adolf Eichmann
Is a devoted Nazi or a zombie bureaucrat a greater moral and political problem? Because the dangers of immoral fanaticism are so clear, the dangers of mindless bureaucracy are easy to overlook. Yet zombie bureaucrats have contributed substantially to the greatest catastrophes of the 20th century, doing so seemingly oblivious to the monstrous qualities of their actions. Hannah Arendt’s work on thoughtlessness raises a dilemma: if Eichmann, the arc…
Carl Schmitt: A Biography. By Reinhard Mehring (Malden, MA: Polity, 2014)
The Absolute State
Chapter 3 analyzes Schmitt’s state theory. It begins with Schmitt’s criticism of “the mechanical state,” a conception of the state that he associated with positivism. Schmitt denied that the state was only machine-like and that it should merely execute whatever commands were fed into it. Instead, drawing on his interpretation of Hobbes, he argued that a legitimate state must make an absolute commitment to some substantive value, some political co…
The Challenge of Mass Democracy
Chapter 1 analyzes Schmitt’s assessment of democratic movements in Weimar and the gravity of their effects on the state and constitution. It emphasizes that the focus of Schmitt’s criticism of Weimar was mass democracy rather than liberalism. Schmitt warned that the combination of mass democracy, the interpenetration of state and society, and the emergence of total movements opposed to liberal democracy, namely the Nazis and the Communists, were …
Basic Rights
Chapter 6 analyzes how Schmitt applied his state and constitutional theory to Weimar. It shows Schmitt theorized a “counter-constitution” that entrenched liberal basic rights absolutely against democratic amendment procedures. It challenges the belief that Schmitt was a “relentlessly” illiberal thinker. This chapter analyzes how Schmitt applied his thought to Weimar in opposition to the prevailing positivist interpretation of the constitution, wh…
The Absolute Constitution
Chapter 4 analyzes Schmitt’s constitutional theory and how it complements his state theory. It begins with Schmitt’s criticism of the predominant positivist conception of the constitution. Schmitt argued that the positivists’ “relativized” conception of the constitution was committed above all to the equal chance of any belief to be enacted into law. This chapter then analyzes Schmitt’s counterargument that, without a prior and “absolute” commitm…
Conclusion
The Conclusion uses Schmitt’s thought to analyze what is today known as “constrained” or “militant” democracy. A constrained democracy is a constitutional regime with mechanisms to prevent its own democratic subversion. Although this regime is present to varying degrees in most liberal democratic states today, efforts to provide its comprehensive normative theory and justify its use have fallen short. The conclusion argues that Schmitt’s state an…
The Concept of the Political
Chapter 2 reinterprets Schmitt’s concept of the political. Schmitt argued that Weimar developments, especially the rise of mass movements politically opposed to the state and constitution, demonstrated that the state did not have any sort of monopoly over the political, contradicting the arguments made by predominant Weimar state theorists, such as Jellinek and Meinecke. Not only was the political independent of the state, Schmitt argued, but it …
Carl Schmitt's State and Constitutional Theory
This book analyzes Carl Schmitt’s state and constitutional theory and shows how he conceived it in response to the Weimar crisis. Schmitt modeled his theory on past state theory, particularly Hobbes’ Leviathan . Schmitt sought to address the unique problems posed by mass democracy. Extremists recognized a path to legal revolution lay in the constitution’s combination of democratic procedures, total neutrality toward political goals, and positive …
The Guardian of the Constitution: A Critical Analysis
Chapter 5 analyzes Schmitt’s theory of dictatorship. Schmitt’s theory of dictatorship was part of his broader criticism of positivism and its inability to effectively respond to the instabilities mass democracy wrought on the state and constitution. Positive laws, including constitutional amendment procedures, could themselves become threats to the fundamental commitments of public order. The suspension of positive laws might be justified. Schmit…
Constraining political extremism and legal revolution
Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyse…
Liberalism, legal revolution and Carl Schmitt
This article reflects on William E Scheuerman’s The End of Law and the value of the liberal rule of law. It puts Scheuerman’s concerns about Schmitt’s attacks on the liberal rule of law in dialogue with Schmitt’s theory of ‘legal revolution’. It argues that, although Schmitt was neither a liberal nor a democrat, his work on legal revolution can help liberals respond to populist attacks on liberal constitutional essentials
Democracy despite Itself: Liberal Constitutionalism and Militant Democracy
This book advances a liberal normative theory of militant democracy to address the existential threat to democracy posed by ‘legal revolution’. ‘Militant democracy’ refers to the use of measures of constitutional entrenchment to defend democracy. Legal revolution occurs when democratically elected actors use legal procedures to undermine democratic constitutional essentials, evident today in countries like Hungary, India, and Turkey. This book de…
A link in an intergenerational chain’: Sovereignty and justice in Ferrara’s sovereignty across generations
What recourse do democrats have if a present generation uses democratic legal procedures to abrogate constitutional essentials, dissolving past commitments and denying future generations the fundamental freedoms and equalities it currently enjoys? In Sovereignty across Generations, Alessandro Ferrara responds to this issue by re-examining key concepts related to democracy, including sovereignty, constituent power, liberalism and constitutionalism…
Democracy, Undeluded
This article critically examines Busk's Democracy in Spite of the Demos, which critiques the "categorical imperative of democracy." Although Busk effectively challenges the commitment to value-neutral democratic procedures as the foundation for legitimate law, his alternative, curtailing powerful interests ability to manipulate voters using "socially necessary delusions," risks establishing elite rule. This article instead proposes basic liberal …
Otto Kirchheimer and militant democracy
Law (16 works) · Political science (16 works) · Politics (15 works) · Political Theology and Sovereignty (13 works) · Sociology (11 works) · Law and economics (10 works) · Democracy (9 works) · State (computer science) (8 works) · Constitution (7 works) · Hannah Arendt's Political Philosophy (7 works)