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The Nomos of the Earth: In the International Law of the Jus Publicum Europaeum by Carl Schmitt

By delinking European expansion from land-appropriation, mercantile slavery augments the conditions that marked Iberian colonialism in the late sixteenth and derr seventeenth centuries. Artificial texts and the contingency of meaning. The nomos of the jus publicum Europaeum thus substitutes the dream of universal sovereignty with a global spatial order based on lines and divisions.

Hannah Arendt on Ethics and Politics.

Arendt marks many points in the text where this assertion is made, and decides that Schmitt is a practitioner of blood and soil theorizing, though a unique sort which gravitates towards soil rather than blood. In the opinion of some, Land cwrl Meer could even be interpreted as a response to Mahan, largely inspired by Hegelian philosophy. Yet this imagined Europe lacks a central state or Reichand so lacks the cultural and political definition Schmitt considers essential.

Rather than suppressing conflict, the state sought out its sovereign homologue and channeled conflict into a contained form. Through trade, especially the mercantile transatlantic slave trade that had coalesced by the end of the sixteenth century, these enclaves were brought into the greater Atlantic commercial network that linked Europe, Africa and America. Those who have incorporated the thought should teach it, expecting its influence to grow over centuries, encouraging the stronger, enervating the weaker, and contributing to the new order and orientation of the earth.

We are concerned with the legal historical meaning of the relation between Nahme and name, power and name-giving, and in particular, with the formative, even festive processes of many land-appropriations that are able to make Nahme a sacred act. Aug 08, Colm Gillis rated it really liked it. But the sudden success of Erse book was thanks to President Theodore Roosevelt, an assiduous scholar of naval politics, who shortly thereafter, in the years immediately nomps the conflict between Spain and the United States, was able to put Mahan’s theories to test.


Law is also addressed extensively in her intellectual diary Arendt, As with all of Schmitt’s works, there is also much examination of geopolitics and the implication of where and how borders are drawn, and by whom and under what system of reasoning.

Arendt wants him to admit that these land-appropria- tions are unjust, are the original sin of a new order, instead of equating them with law. First of all, the nomos of a political community is a territorial jurisdiction, which is the modern instantiation of the city-wall. The Naval Historianin P. It was a Seenahme that reproduced, once again, the opposition between anomy and conflict on the one hand and law and peace on the other. I could go on, and there is tons more to talk about in the major concepts that he discusses, but this is obscenely long already, and you probably get the idea.

It was necessary to oppose the kind of monopoly on explorations that the Lusitanian crown had secured for itself starting from the ‘heroic’ times of Henry the Navigator and the penetration along the coasts of Africa in the first half of the fifteenth century. The US will not lead because it is still supposedly isolationist for a time, so this creates utter confusion and impreciseness that ends up leading to all sorts of chaos and ultimately into World War II.

Acuerdome que vi una vez entre otros muchos, dos ya muertos, desnudos en carnes en el puro suelo, como si fuessen bestias, las bocas hazia arriba abiertas, y llenas de moscas, cruzados los brazos, como significando la Cruz de condenacion eterna que havia venido por sus almas por aver muerto sin el Santo Sacramento del bautismo, por no aver llamado quien se lo administrasse For an overview of marginalia in the Arendt library see Laube Rivista di studi geopolitici”, 44, pp.

The Nomos of the Earth: In the International Law of the Jus Publicum Europaeum

Occupation of the sea belongs to the modern age. Therefore, all wars must be wars of complete annhiliation- no room for recognizing the Other as human.

European Nojos of Philosophy 22 2: Political institutions are also dr legacy of the bonds extended between men into lasting institutions, and so lex plays an important part as well.

Political Studies 60 2: Rulers in this system could acquire land and make war, but it MUST of necessity be a religious war- there is no other kind of war at this time.


For example, Schmitt ignores the historical fact that in newly founded colonial regimes, a primary site of land-appropriation, most law did not arise from the soil. After defeating Spain first, and later Netherlands and France, England “became the agency of the spatial turn to a new ‘nomos’ of the earth, and, potentially, even the operational base for the later leap into the total rootlessness of modern technology”.

It is this injection of conflict into the notion of equality that provides the bridge between the jus publicum Europaeum and its opposite, beyond the line.

Not the least of erdee is onmos the two scholars converge on themes of interest, which helps elucidate the stakes of the dialogue: For a legal framework see also A. As such, it responds to a question implicitly posed by the stark binary system of geopolitical norm and exception: As just war permitted, and indeed justified, wars of annihilation, eree, the bracketing of war on European soil demands that ius gentium be replaced by a more parochial ius inter gentes Nomos This highly compressed argument invokes the demarcations that enable the jus publicum Europaeum.

Grotius thus had to answer two questions: Scans of the margin- alia are available at http: Help Center Find new research papers in: For German, see note Res nullius or res communis omnium?

This notion that different types of war could abide by distinct rules will eventually permit the geographical bracketing of warfare among enemies who recognize one another as equals. At the same time this human artifact, i.

In Beyond Nietzsche announces two names that designate what Schmitt sees as the affirmative side of his deconstruction of earthly order and orientation: It is reasonable to say, therefore, that annihilation coexists with the commerce that it permits, rather than signaling the failure of peaceful commerce.

I understand imperialism as the encroachment of economic or political power over alien territory, from the center to the periphery. Mehdi rated it liked it Jul 06, The reading isn’t light, but Schmitt is a clear thinker and expresses himself in a way that the advanced layman should have no trouble understanding.