“决断论”、“总统合宪专政”和“具体秩序”——对卡尔·施米特前期政法理论的一个再解读

Decisionism, Presidential Constitutional Dictatorship, and Concrete Order:A Re-study of Carl Schmitt's Early Political and Judicial Theory

卡尔·施米特无疑是二十世纪上半叶最具创造力和影响力的政法学家。因为他所涉研究领域的纷繁复杂,理论观点和政治观点的频繁变动,以及与政治现实的密切关系,所以他总是被其同代人和后代人所反复解读和误读。我们唯有进入其时代背景和政法理论内部的发展脉络,方才可以理解其理论观点和政治观点背后所潜藏的一致性,即施米特一直焦虑地试图为"无根的""现代性-虚无主义"世界寻求一个"根"。他的这种一致性不仅可以解释他前期理论——"决断论"、"总统合宪专政"和"具体秩序"——的发展,而且同时也可以解释他的一系列实际行动。施米特的这种表现其实是近现代德国智识界对自身不能安适于现代世界的一种"症候群"。从这个视角出发,我们才能进一步实现对他的"祛魅"以及内在的批判。

There is no doubt that Carl Schmitt is the most creative and influential political and judicial theorist in the first half of the twentieth century.Obviously,he is always interpreted and misinterpreted by his contemporaries and younger generation,because of his research field is referred to many subjects,his theoretical and political standpoints often changed,and also his close relationship to the real politics.Considering the background of his age and the inner development of his theory synthetically,we could find the underlying consistency of his theoretical and political standpoints,namely he always keeps trying to find a ground for the groundless modernity-nihilism world eagerly.His consistency could not only explain the development of his early political and judicial theory,but also his actual actions.Actually,what Schmitt did belong to the syndrome of the modern German intelligentsia,and who could not acclimatize themselves to the modern world.As a conclusion,we could achieve the disenchantment and inner critique to Schmitt only in this way.