Sovereignty’s Problem
摘要
Chapter I of Politische Theologie was focused on providing a definition of sovereignty and on offering a history of the concept. Chapter II concentrates on solving problems regarding sovereignty and in confronting Schmitt’s contemporaries. The chapter’s title reflects the first while the chapter’s contents reflect the second. The title can be translated as “The Problem of Sovereignty as the Problem of Legal Form and the Decision” (“Das Problem der Souveränität als Problem der Rechtsform und der Entscheidung.”) (Schmitt 1923: 11; Schmitt 1934: 23; Schmitt 2015: 23). Schmitt references a large number of individuals but concentrates on a handful. He focuses particularly on Hans Kelsen and Hugo Krabbe but also on Kurt Wolzendorff. With the exceptions of Bodin and Hobbes, most of the scholars that Schmitt was criticizing in this chapter had published their works within the previous decade.