... invoked it in his classic, The Dual State , as a unifying principle for anti-Nazi resistance, and Neumann explored it in his classic, Behemoth , and other writings before, during, and after the war, as critical for understanding the rule of law. Treading cautiously around its religious and reactionary...

...; during the political, juridical, and police campaign against the Red Army Faction in the 1970s; and during the state's repressive policing of antinuclear protest movements in the 1970s and 1980s. The German state confronted left dissent and violence by operating within the rule of law but developed...

... and the prisoner released. The reason given was that we are living under the rule of law, and that if the legislature gave the military such immense power to take away the freedom of the individual without any ability to defend one- self, one has to answer at least to a public committee...

..., when deciding on possible membership in or exclusion from the polity. As my article shows, much more than a young woman and her family had to be deported to cement this narrow vision of Austrian Rechtsstaatlichkeit (the principle of the rule of law), not least a cer- tain sense of the social...

... to be proved by science, experience, and the laws of life.” 25 Similarly, in “On the Nature of Totalitarianism,” from about 1953, Arendt stresses that “what totalitarianism rule therefore needs, instead of a principle of action, is a means to prepare individuals equally well for the role of executioner...

... the discrepancy between facts and norms is the only reliable source of political action that may spur citizens to directly engage with politics. The emphasis on direct engagement leads Haber- mas to state that “in the age of completely secularized politics, the rule of law cannot be had or maintained...

... But claimants in the United States do not easily accept that conclusion. It is, they say, inconsistent with US policy as encapsulated in the Washington Principles and Terezin Declaration. So what can be done under the rule of law in the United States? Certainly, the federal government needs to play...

..., the BGB is itself penetrated by the split between embod- ied experience and impersonal law: in determining responsibility for property left in safekeeping, the judge reads, the “experience of daily life” (Erfah- rungssätze des täglichen Lebens) must be consulted, rather than the written rules...

... to poststructuralist ones. What is given there is a most beautiful account of how every community is visited by some form of “secret society” (Simmel/Deleuze-Guattari) that, originating in the very heart of its discipli- narian procedures and from underneath the rules and laws through which it exercises...

.... The concepts of “Jerusalem” and “Athens,” which are central to Strauss’s mature thought, were molded during these years. Jerusalem finds its place in Strauss’s early writings on the Jewish question and Zionism, in Philosophy and Law (1935), and later on in Persecution and the Art of Writing (1952).11...

... rules of our universe. This projection has actual effects, and we can gloss Adorno’s claim that “second nature is, in truth, first nature” (“Idea,” 268) withNegative Dialectics: “The natural lawful- ness of society is ideology, to the extent it is hypostasized as an immutable given fact...

...” as one of the many views of “future possibilities for effectively institutionalizing democratic decision-making processes.” 8 He, however, warns that “the possibility of democratization as dedifferentiation of economy and state not be metatheoretically ruled out of court by systems-theoretic borrowing...

... mythic entrapment in a world ruled by the subterranean gods of technology and progress—adduces a vantage point outside the delusionary context of the present. The same could be said for the negative concept of law in Benjamin’s 1921 essay “Zur Kritik der Gewalt” (“Critique of Violence Benjamin’s...

... was later called the senatus consultum ultimum (SCU), “the ultimate decree of the Senate.”29 Giorgio Agamben has argued that the state of exception, or state of emergency, is a zone of indistinction.30 In the SCU, we fi nd the temporary suspension of the rule of law within the larger aim...

... of totalitarian politics, and what, eventually, is the law of Arendt’s speech act in this very context? “Far from wielding its power in the interest of one man,” Arendt writes, totalitarian rule “is quite prepared to sacrifi ce everybody’s vital immediate interests to the execution of what it assumes...

... (Chicago: University of Chicago Press, 2005). The idea of the politics of exception has gained saliency in recent years in the analysis of the puzzling trajectory of contemporary democracy and the rule of law with regard to the “anomalies” of counterterrorism legislation, the use of torture...

... is not a citizen of Corinth either. However, unlike Medea, he has a high status in the Corinthian community because of his social background: as the son of another Greek king, he belongs not only to the Greek people in general but also to the Greek ruling class. The connections of the ruling class across the Greek...

..., Krieg ohne Schlacht: Leben in zwei Diktaturen (War without Battle: Life in Two Dictatorships), Müller main- tained a fraught relationship with the functionaries who ruled the Workers’ and Farmers’ State. He went through periods of being very much persona non grata, with specific works banned from...

... Mussolini’s charisma as the qual- ity that prevented the constituencies in the Fascist movement from going their separate ways. They noted that Mussolini and the Fascists paid lip service to the “rational” legitimacy of the constitution and the rule of law to maintain the support of bourgeois elites...

... Holmes, Criti- cal Inquiry 16 (1990): 291–312. Neil Levi 29 and The Concept of the Political (1926, 1932). In both Political Theology and The Concept of the Political Schmitt advocates what is called political deci- sionism. He argues that the law...