Brang, Lucas (2019). Carl Schmitt and the Evolution of Chinese Constitutional Theory: Conceptual Transfer and the Unexpected Paths of Legal Globalization. Global Constitutionalism. Cambridge University Press.

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Abstract

The intense reception of Carl Schmitt’s writings among Chinese constitutional theorists is one of the more striking phenomena within the globalization of constitutional thought in recent decades. This paper approaches it from two angles. Firstly, the reception of Schmitt and the subsequent debates about his oeuvre and persona are interpreted as performative practices in which Schmitt soon emerged as both the bête noire of a liberal-leaning constitutional scholarship and an object of romantic projection for avant-garde theoretical endeavors. Engagement with Schmitt thus crucially contributed to the emergence of both a neo-conservative and a critical-liberal sensibility among Chinese legal scholars. Secondly, with the rise of what is known in China as Political Constitutionalism in the mid-2000s, Schmitt also began to exert a more substantive terminological and conceptual influence on Chinese constitutional theory more generally, leaving his imprint on some of its fundamental theoretical binaries. Looking at the Chinese debate on Schmitt, therefore, not only grants us a unique glimpse into how constitutional debates are structured and evolving in contemporary China, it also demonstrates the often-unexpected trajectories of conceptual migration in the global age.

Item Type: Journal Article
Translated title:
TitleLanguage
UNSPECIFIEDEnglish
Creators:
CreatorsEmailORCIDORCID Put Code
Brang, Lucaslbrang@smail.uni-koeln.deUNSPECIFIEDUNSPECIFIED
URN: urn:nbn:de:hbz:38-99820
Journal or Publication Title: Global Constitutionalism
Date: 2019
Publisher: Cambridge University Press
Language: English
Faculty: Faculty of Arts and Humanities
Divisions: Faculty of Arts and Humanities > Fächergruppe 4: Außereuropäische Sprachen, Kulturen und Gesellschaften > Ostasiatisches Seminar
Subjects: Law
Uncontrolled Keywords:
KeywordsLanguage
Carl SchmittUNSPECIFIED
Chinese party-stateUNSPECIFIED
Constitutional theoryUNSPECIFIED
Funders: Research for this article was funded by the Fritz Thyssen Foundation (grant no. 10.16.2.008RE).
Refereed: No
URI: http://kups.ub.uni-koeln.de/id/eprint/9982

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