Armin von Bogdandy (Max Planck Society for the Advancement of the Sciences – Max Planck Institute for Comparative Public Law and International Law) has posted Pondering Schmitt's Concept of the Political for International Public Authority: On Methods, Standards and Disciplinary Settings for Public Law Theory on SSRN. Here is the abstract:
This contribution analyses Carl Schmitt’s Concept of the Political, one of the most influential pieces ever penned by a legal scholar. It engages with it to advance a contemporary theory of public law. Although Schmitt’s text has, as will be demonstrated, many fallacies, it also holds seminal innovations that are useful to contemporary thought. One such innovation is Schmitt’s way to reconceive the conceptual web that hitherto has been anchored in the state. However, this text will replace his concept of the political by the concept of public authority, advancing an idea of public law that enables, guides and frames the exercise of public authority, whether domestic, international, or supranational. Moreover, on the touchstone of Schmitt’s text, standards for assessing theories of public law are developed.