All posts filed under: Law

Legality and Legitimacy (Carl Schmitt)

It is frequently said, and it is entirely true, that the Regime which rules us is illegitimate. But what does that precisely mean? No surprise, Carl Schmitt lights the way to an answer, in one of his lesser-known works, Legality and Legitimacy. This book should be more talked about—it was published in Berlin in 1932, when and where everyone knew that matters could not continue as they were, and that dramatic change was sure to come. As with the Germans of 1932, so with the Americans of 2023. Thus, studying and reflecting on this work is worth the effort.

On My Lawsuit Against Amazon (Updated)

Published by Charles Haywood

For people who like this sort of thing, I am pleased to present my lawsuit filed, in federal court in Seattle, a few weeks ago against Amazon (mentioned on my recent appearance on Tucker Carlson’s show). As longtime readers know, at one point I was one of the highest-ranking reviewers on Amazon, but they deplatformed me because of my awesome political views. Here is the original complaint, which also explains the background. The suit proceeds in the usual way. Various interesting things are happening in this area of law, as you may have heard. My lawsuit is mostly a question, however, of personal honor, along with my intense megalomania and desire for fame. Update 10/17/22: Here is Amazon’s September 2022 Motion to Dismiss. Here is my October 2022 response. Update 8/25/23: After nearly a year, the court ruled on Amazon’s Motion to Dismiss. The court granted the motion. This is not unsurprising, given existing law. There was some chance that on appeal I might have gotten a different result. However, I decided not to appeal. …

Political Theology: Four Chapters on the Concept of Sovereignty (Carl Schmitt)

Published by Charles Haywood

“Sovereign is he who decides the exception.” Among serious students of political philosophy, at least on the Right, these may be the most famous words of the twentieth century. That sentence opens this work, Political Theology, which consists of four linked essays, bound by the theme that most exercised Carl Schmitt in the early 1920s—the edge cases of sovereignty. In the post-World War II decades, such questions seemed very remote and theoretical, part of the turmoil of a benighted age we had left behind. But we were wrong, about all of it, and Schmitt was right, that this topic is universal and timeless. Thus, from Schmitt we can learn much that we can be sure will be directly applicable to the 2020s.

Dictatorship: From the Origin of the Modern Concept of Sovereignty to Proletarian Class Struggle (Carl Schmitt)

Published by Charles Haywood

Dictatorship, in the form of Caesarism, is in the American air. I have recently written on what, in practical terms, an American Caesar would do; I will soon tell you how likely our Caesar is, and why. As it happens, I am at the same time working my way through all the books of Carl Schmitt, in their order of original publication, and his next book up, Dictatorship, published in 1921, clarifies the historical and legal-analytical part of what is unspooling before our eyes. We cannot be better informed, analytically at least, than by pondering this work of the peerless German, whose book, as always, puts to shame today’s mostly insipid political and constitutional analysis.

The Crisis of Parliamentary Democracy (Carl Schmitt)

Published by Charles Haywood

Ah, Carl Schmitt, Carl Schmitt! No man like him exists today. Political philosophy in our time is, and for many decades past has been, largely the domain of intellectual pygmies and outright morons; the age of gold has degenerated into the age of brass, or of plastic with yellow paint. Schmitt is dead, but his work is not, and this, one of his series of books published during the early Weimar period in Germany, illuminates much of our own present condition. That’s not to say The Crisis of Parliamentary Democracy is an easy read. Like much of Schmitt’s writing, it is somewhat elliptical, alternating great insight with moments of “where are we going with this?” But the payoff is worth the effort.

On the January 2021 Electoral Justice Protest

Published by Charles Haywood

What is truth about the January 6 Election Justice Protest?

The Recovery of Family Life: Exposing the Limits of Modern Ideologies (Scott Yenor)

Published by Charles Haywood

You know what America needs? More mirrors for princes—the Renaissance genre of advice books directed at statesmen. On the Right, we have many books that identify, and complain about, the problems of modernity and the challenges facing us. Some of those books do offer concrete solutions, but their audience is usually either the educated masses, who cannot themselves translate those solutions into policy, or policymakers who have no actual power, or refuse to use the power they do have. Scott Yenor’s bold new book is directed at those who have the will to actually rule. He lays out what has been done to the modern family, why, and what can and should be done about it, by those who have power, now or in the future. Let’s hope the target audience pays attention.

On the Brawndo Tyranny

Published by Charles Haywood

America was, for much of its existence, defined as a nation of laws, not men, in the famous phrase of John Adams. No more. Now men, but only some men, rule. They rule as they please, in arbitrary, selective, self-benefitting fashion. Thus, what we live under is a tyranny, a system without rule of law. Unlike a traditional tyranny, though, our tyrant is not one man, but rather a compound being. Think the classic picture of Hobbes’s Leviathan, one giant and powerful undying creature, whose body is composed of the hive members of our rotten ruling class. But look more closely—our Leviathan is giant and powerful, yes, but is also drooling and imbecilic.

The Social Media Upheaval (Glenn Harlan Reynolds)

Published by Charles Haywood

Glenn Reynolds, the famous “Instapundit” and a law professor at the University of Tennessee, offers a short book about social media and the problems it brings. He frames his analysis and argument as a parallel to James C. Scott’s Against the Grain, which valorizes Mesopotamian hunter-gatherers. Reynolds’s point is that just as when hunter-gatherers became city dwellers they also became more susceptible to disease, so when we submitted ourselves to living on social media, we also became more susceptible to disease. That is, to diseases of the mind, and he offers some possible cures and vaccines.