By Qi Zheng
This publication develops a brand new means of examining and profiting from Schmitt's criminal and political theories. It explores Schmitt's theories from the point of view of what I seek advice from because the politics of transition. It additionally contributes to deciding on the genuine theoretical courting among Schmitt and Mao.
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Additional resources for Carl Schmitt, Mao Zedong and the Politics of Transition
This transition cannot be realized under the current legal and political order; it requires a complete rupture with the current political order. That is, it is not constitutional reform that is required but constitutional revolution. Gao’s theory’s mistaken comparison between Weimar Germany and China indicates that although Gao declares China to be in its founding moment, he does not correctly capture what a founding moment really means. Gao’s mistaken perception of the founding moment directly produces his mistaken judgment of Ackerman’s theory’s relevance to China’s political situation.
How Kelsen deals with this question is revealed below in the second significance of the basic norm that I explore. The first significance of the basic norm is perceived from the statical perspective of the self-sufficiency of a legal order. 26 The other significance of the basic norm, which is also related to its role as the starting point of a legal order, can be explored from the dynamic perspective of the process by which laws are created. ’28 According to the basic norm, the fundamental legislative procedures in a constitution ought to be obeyed.
The third section focuses on Schmitt’s critique of the identity of state and law. It shows Schmitt’s understanding of law’s relationship to political power from the perspective of the protecting moment of a constitutional order. Schmitt’s two critiques of Kelsen reconstruct the relationships between law and political power, law and state, and legality and legitimacy. The fourth section puts Schmitt’s critique in a broader theoretical framework that will be helpful for understanding the deeper foundation of Schmitt’s critique of Kelsen.