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- Title
From Nomos to Hegung: Sovereignty and the Laws of War in Schmitt's International Order.
- Authors
Jacques, Johanna
- Abstract
Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the ordering function of the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order.
- Subjects
SOVEREIGNTY; WAR (International law); SCHMITT, Carl, 1888-1985; NOMOS of the Earth in the International Law of the Jus Publicum Europaeum, The (Book); INTERNATIONAL organization; NOMOS (The Greek word); WAR laws; DECISION making in law; POLITICAL attitudes
- Publication
Modern Law Review, 2015, Vol 78, Issue 3, p411
- ISSN
0026-7961
- Publication type
Article
- DOI
10.1111/1468-2230.12122