Marc De Wilde
Biographic Data
| ID | 4397388 |
|---|---|
| NAME | Marc De Wilde |
| GIVEN NAMES | Marc |
| FAMILY NAME | De Wilde |
| SIGNATURE | DE WILDE M |
| AFFILIATIONS | University of Amsterdam |
| ORCID | 0000-0002-7135-2367 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 7 |
| WORKS AS AUTHOR | 13 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2006 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 2 |
Allying with Unbelievers
The article examines a series of letters written by Hugo Grotius to East-Indian rulers on behalf of the Dutch East India Company ( VOC ). Drafts of these letters have been preserved at the Dutch National Archives. In his letters, Grotius developed several new ideas about alliances with non-Christians, which would later be included in his writings on natural law and the law of nations. He addressed the non-Christian rulers of the East Indies as so…
Roman dictatorship in the French Revolution
This article seeks to explain why the Roman dictatorship, which had served as a positive model of constitutional emergency government until the French Revolution, acquired a negative meaning during the Revolution itself. Both Montesquieu and Rousseau regarded the dictatorship as a legitimate institution, necessary to protect the republic in times of crisis. For the French revolutionaries, the word ‘dictatorship’ acquired negative connotations: it…
Hugo Grotius’s De societate publica cum infidelibus, Justifying overseas expansionism or religious toleration
This article provides an analysis of an unpublished manuscript of Hugo Grotius, entitled De societate publica cum infidelibus , ‘On public partnership with infidels’. In the text, Grotius examines the legal conditions under which Christians may enter into treaties and alliances with non-Christians. Grotius’s text has been interpreted by Peter Borschberg and Martine van Ittersum as a justification of the Dutch commercial and military policies in t…
Seeking Refuge
Hugo Grotius is often identified as the founder of the modern concept of asylum. This article argues that Grotius’s most innovative contribution was not his theory of asylum, but his concept of expulsion, and more particularly, his notion that a permanent refuge should be offered to foreigners who had been collectively expelled on religious grounds. The article shows that Grotius’s notion was informed by his own experiences as a lawyer advocating…
Silencing the laws to save the fatherland
Jean-Jacques Rousseau devoted an important chapter of his Social Contract to the dictatorship. Carl Schmitt interpreted Rousseau’s chapter as marking the transition from ‘commissarial’ to ‘sovereign dictatorship’. This article argues that Schmitt’s interpretation is historically and conceptually inaccurate. Instead of paving the way for sovereign dictatorship, Rousseau carefully distinguished the dictatorship from the people’s sovereign authority…
The dark side of institutionalism
This article analyzes and compares the institutionalist theories of law developed by Santi Romano and Carl Schmitt. In the early 1930s, Schmitt referred to Romano to explain his own conversion to an institutionalist jurisprudence, which he preferred to call ‘concrete order thinking’. Both Romano and Schmitt criticized the normativist approach to law characteristic of legal positivism. Instead, they developed an institutionalist approach that rega…
Offering hospitality to strangers
In 1615, the States of Holland and West-Vriesland commissioned Hugo Grotius to draft a set of legal regulations for the Jews in their province. This article analyzes Grotius’s draft, entitled Remonstrance . It examines how Grotius understood and justified the rights of Jews and to what extent his approach was novel. More particularly, it shows how Grotius developed the concept of a natural duty to offer hospitality to strangers to advocate admiss…
Emergency powers and constitutional change in the late Middle Ages
This article gives an account of late medieval theories and practices of emergency powers. More particularly, it examines the relation between emergency powers and constitutional change. It thus seeks to explain how, in the course of the 13th and 14th centuries, European rulers began using their emergency powers to gradually expand their fiscal and legislative competences at the expense of local authorities and the church. As is demonstrated in t…
Fides publica in Ancient Rome and its reception by Grotius and Locke
The article analyzes the Roman notion of des publica and its reception by Grotius and Locke. The Romans considered des publica a general standard of behavior for all those invested with state power. It was regarded as a legal norm with moral connotations, which applied especially, though not exclusively, to exceptional situations, such as wars. Grotius appears to have been the first since Antiquity to rediscover the notion of des publica as a fun…
The state of emergency in the Weimar Republic Legal disputes over Article 48 of the Weimar Constitution
The article analyzes the debate on 'constitutional dictatorship' that took place at the first annual conference of the Association of German Constitutional Lawyers in Jena in 1924. In their keynote lectures, Carl Schmitt and Erwin Jacobi argued that Article 48 of the Weimar Constitution authorized the President of the Reich to derogate from the rule-of-law provisions of the constitution if this was necessary to save its 'political substance'. Adv…
Verwantschap in Extremen
De filosoof Walter Benjamin (1892-1940) en de jurist Carl Schmitt (1889-1985) behoren tot de eersten die de terugkeer van religie in moderne democratieen onder de aandacht brachten en onderwierpen aan een scherpe analyse. In de jaren twintig en dertig zouden zij een dialoog met elkaar zijn aangegaan over politieke theologie. Deze dialoog tussen Schmitt en Benjamin is opmerkelijk omdat zij in politiek opzicht tegengestelde posities vertegenwoordig…
Violence in the State of Exception
This chapter explores the status of theologico-political motifs in the work of Walter Benjamin and Carl Schmitt. In their work, the concept of political theology stands neither for an explicitly theological discourse in politics nor for some kind of hidden theological agenda. Rather, it marks the continuous resurfacing of theological figures of thought in what seems an otherwise relentlessly secularized world. The theological, in their view, resu…
Safeguarding the Constitution with and against Carl Schmitt Constitutional Failure
The dark side of institutionalism
This article analyzes and compares the institutionalist theories of law developed by Santi Romano and Carl Schmitt. In the early 1930s, Schmitt referred to Romano to explain his own conversion to an institutionalist jurisprudence, which he preferred to call ‘concrete order thinking’. Both Romano and Schmitt criticized the normativist approach to law characteristic of legal positivism. Instead, they developed an institutionalist approach that rega…
Roman dictatorship in the French Revolution
This article seeks to explain why the Roman dictatorship, which had served as a positive model of constitutional emergency government until the French Revolution, acquired a negative meaning during the Revolution itself. Both Montesquieu and Rousseau regarded the dictatorship as a legitimate institution, necessary to protect the republic in times of crisis. For the French revolutionaries, the word ‘dictatorship’ acquired negative connotations: it…
Seeking Refuge
Hugo Grotius is often identified as the founder of the modern concept of asylum. This article argues that Grotius’s most innovative contribution was not his theory of asylum, but his concept of expulsion, and more particularly, his notion that a permanent refuge should be offered to foreigners who had been collectively expelled on religious grounds. The article shows that Grotius’s notion was informed by his own experiences as a lawyer advocating…
Silencing the laws to save the fatherland
Jean-Jacques Rousseau devoted an important chapter of his Social Contract to the dictatorship. Carl Schmitt interpreted Rousseau’s chapter as marking the transition from ‘commissarial’ to ‘sovereign dictatorship’. This article argues that Schmitt’s interpretation is historically and conceptually inaccurate. Instead of paving the way for sovereign dictatorship, Rousseau carefully distinguished the dictatorship from the people’s sovereign authority…
Violence in the State of Exception
This chapter explores the status of theologico-political motifs in the work of Walter Benjamin and Carl Schmitt. In their work, the concept of political theology stands neither for an explicitly theological discourse in politics nor for some kind of hidden theological agenda. Rather, it marks the continuous resurfacing of theological figures of thought in what seems an otherwise relentlessly secularized world. The theological, in their view, resu…
Safeguarding the Constitution with and against Carl Schmitt Constitutional Failure
Verwantschap in Extremen
De filosoof Walter Benjamin (1892-1940) en de jurist Carl Schmitt (1889-1985) behoren tot de eersten die de terugkeer van religie in moderne democratieen onder de aandacht brachten en onderwierpen aan een scherpe analyse. In de jaren twintig en dertig zouden zij een dialoog met elkaar zijn aangegaan over politieke theologie. Deze dialoog tussen Schmitt en Benjamin is opmerkelijk omdat zij in politiek opzicht tegengestelde posities vertegenwoordig…
The state of emergency in the Weimar Republic Legal disputes over Article 48 of the Weimar Constitution
The article analyzes the debate on 'constitutional dictatorship' that took place at the first annual conference of the Association of German Constitutional Lawyers in Jena in 1924. In their keynote lectures, Carl Schmitt and Erwin Jacobi argued that Article 48 of the Weimar Constitution authorized the President of the Reich to derogate from the rule-of-law provisions of the constitution if this was necessary to save its 'political substance'. Adv…
Fides publica in Ancient Rome and its reception by Grotius and Locke
The article analyzes the Roman notion of des publica and its reception by Grotius and Locke. The Romans considered des publica a general standard of behavior for all those invested with state power. It was regarded as a legal norm with moral connotations, which applied especially, though not exclusively, to exceptional situations, such as wars. Grotius appears to have been the first since Antiquity to rediscover the notion of des publica as a fun…
Emergency powers and constitutional change in the late Middle Ages
This article gives an account of late medieval theories and practices of emergency powers. More particularly, it examines the relation between emergency powers and constitutional change. It thus seeks to explain how, in the course of the 13th and 14th centuries, European rulers began using their emergency powers to gradually expand their fiscal and legislative competences at the expense of local authorities and the church. As is demonstrated in t…
Offering hospitality to strangers
In 1615, the States of Holland and West-Vriesland commissioned Hugo Grotius to draft a set of legal regulations for the Jews in their province. This article analyzes Grotius’s draft, entitled Remonstrance . It examines how Grotius understood and justified the rights of Jews and to what extent his approach was novel. More particularly, it shows how Grotius developed the concept of a natural duty to offer hospitality to strangers to advocate admiss…
The dark side of institutionalism
This article analyzes and compares the institutionalist theories of law developed by Santi Romano and Carl Schmitt. In the early 1930s, Schmitt referred to Romano to explain his own conversion to an institutionalist jurisprudence, which he preferred to call ‘concrete order thinking’. Both Romano and Schmitt criticized the normativist approach to law characteristic of legal positivism. Instead, they developed an institutionalist approach that rega…
Seeking Refuge
Hugo Grotius is often identified as the founder of the modern concept of asylum. This article argues that Grotius’s most innovative contribution was not his theory of asylum, but his concept of expulsion, and more particularly, his notion that a permanent refuge should be offered to foreigners who had been collectively expelled on religious grounds. The article shows that Grotius’s notion was informed by his own experiences as a lawyer advocating…
Silencing the laws to save the fatherland
Jean-Jacques Rousseau devoted an important chapter of his Social Contract to the dictatorship. Carl Schmitt interpreted Rousseau’s chapter as marking the transition from ‘commissarial’ to ‘sovereign dictatorship’. This article argues that Schmitt’s interpretation is historically and conceptually inaccurate. Instead of paving the way for sovereign dictatorship, Rousseau carefully distinguished the dictatorship from the people’s sovereign authority…
Hugo Grotius’s De societate publica cum infidelibus, Justifying overseas expansionism or religious toleration
This article provides an analysis of an unpublished manuscript of Hugo Grotius, entitled De societate publica cum infidelibus , ‘On public partnership with infidels’. In the text, Grotius examines the legal conditions under which Christians may enter into treaties and alliances with non-Christians. Grotius’s text has been interpreted by Peter Borschberg and Martine van Ittersum as a justification of the Dutch commercial and military policies in t…
Roman dictatorship in the French Revolution
This article seeks to explain why the Roman dictatorship, which had served as a positive model of constitutional emergency government until the French Revolution, acquired a negative meaning during the Revolution itself. Both Montesquieu and Rousseau regarded the dictatorship as a legitimate institution, necessary to protect the republic in times of crisis. For the French revolutionaries, the word ‘dictatorship’ acquired negative connotations: it…
Allying with Unbelievers
The article examines a series of letters written by Hugo Grotius to East-Indian rulers on behalf of the Dutch East India Company ( VOC ). Drafts of these letters have been preserved at the Dutch National Archives. In his letters, Grotius developed several new ideas about alliances with non-Christians, which would later be included in his writings on natural law and the law of nations. He addressed the non-Christian rulers of the East Indies as so…
Law (12 works) · Political science (12 works) · Politics (9 works) · Sociology (9 works) · Philosophy (8 works) · Law (6 works) · Political Theology and Sovereignty (6 works) · Seventeenth-Century Political and Philosophical Thought (6 works) · History (4 works) · Constitution (3 works)