This essay combines Schmitt’s Nomos and the Concept of the Political to give a
clear picture of Schmitt’s critique of liberalism and what his solution to its problem is.
Namely, that a private and the public sphere merge that should not, leading to the
possibility of a genocidal European federation hostile to non-Euroean peoples. Schmitt
comments that St. Augustine “discusses the frightful difficulty in distinguishing correctly
between friend and enemy,”1and seems to be under the impression that Augustine is in
agreement with Schmitt’s uneasiness about the just cause on the basis of “human
imperviousness.” 2 That is, Schmitt thinks he is on Augustine’s side and is offering
helpful answers to problems that another fellow Catholic has shared with him.
Augustine’s work on public and private spheres in his City of God will be explained in
order to see how a non-modern writer would conceive of these spheres. This essay will
argue that in trying to separate from private sphere from the public
Schmitt observes that European states could war against each other in a manner
much like “a duel.”3 This is made possible because European sovereigns saw other
European sovereigns as a “Justus hostis,”4 or simply a just enemy. A just enemy is
another sovereign state that is granted certain rights as other European sovereigns.
Borders could be redrawn, but the eradication of a just enemy is never permissible. This
allowed for the “possibility of Neutrality for third party states.”5 Schmitt likened this
1
Schmitt, nomos, 155.
2
Schmitt, nomos, 155.
3
Schmit, Nomos, 141
4
Schmit, Nomos, 142.
5
Schmit, Nomos, 142.
European environment to a duel,6 something that was not seen as aggressive or criminal
by those observing the duel. That is, even though there is harm done to the two who are
dueling each other, no one interfered or sought to reprimand the duelers on account of the
harm. This is true no matter what the third parties believed of the duelers’ reasons to duel.
They had a “Justa causa,”7 or a just cause to war, on the account that they were a just
enemy. Schmitt does like this idea, but there was an uneasiness Schmitt has on account of
this just enemy concept.8
However, the just enemy concept transformed by the non-political is what Schmitt
believes makes possible the eradication of nations. This is because the existence of the
just enemy leaves open the possibility for its opposite, the “unjust enemy.”9 The unjust
enemy could be punished or even eradicated, much like criminals outside of any
protective rights. Schmitt saw this unjust enemy utilized most clearly with religious wars,
when religion was able to take the reins and decide who was an enemy, and so “by
nature… [religious wars became] wars of annihilation wherein the enemy is treated as a
criminal and a pirate.”10 The religious authorities saw their enemies as breaking some
kind of moral/religious code that results in the enemy being labeled as evil. For this
reason the killing of an enemy can be seen as good for the purpose of the propagation of
the good.
6
Schmit, Nomos, 143. Schmitt writes, “One should not exaggerate the analogy of war between
states and a duel, but it largely is accurate and provides many illuminating and heuristically useful
viewpoints.”
7
See Schmitt, Nomos 154.
8
Schmitt is clearly satisfied that war can be waged without moral reprimandation from others,
and it is not that he disagrees that it is repulsive for states to eradicate each other.
9
See Schmitt Nomos, 169-172.
10
Schmitt, Nomos 142.
Schmitt was concerned that the liberal state falls into this same problem, writing
that “liberal thought evades or ignores state and politics” 11 and so the state “potentially
embraces every domain”12 such as religion.13 Here, it seems there is the worry that liberal
concepts allow religion to become political and so make decisions it should not. The on
looking liberal states will see something they deem unjust or evil and so seek intervention
into the state of affairs that they disagree with even though it is outside of their sovereign
control. Thus, they seek to advance what they think is good, and utilize the instruments
they have at their disposal to do so (which we will see is war).
This essay now offers a reason why Schmitt’s concern is legitimate. Schmitt
suggests that liberal thought is concerned with the private sphere of life.14 What is of
outmost importance to the liberal is the private sphere. That is, the liberal is concerned
with the individual along with what concerns and satisfies the individual. War has
negative effects on the private citizens of states because one’s ability to satisfy
themselves is hampered. This fact is why there is so such interest and motivation by
liberal thinkers such as Kant for developing a theory of perpetual peace based on the
concept of humanity. A doctrine Schmitt says is open to “imperialist expansion,”15 and so
the eradication of non-liberal states. Kant writes of a worldwide liberal federation of
states as only possible when one “imagin[es] himself… as a citizen of a supersensible
11
Carl Schmitt, The Concept of the Political, trans. George Schwab. Expanded ed. (Chicago:
University of Chicago Press, 2007), 70.
12
Ibid., 22.
13
Ibid., 23.
14
Schmitt, The concept, 28.
15
Schmitt, Concept of the political, 54.
world”16 for the establishment of “innate rights, which necessarily belong to
humankind.”17 When one participates in such an activity, they are imagining what the
good life should be for citizens in other nations (and all over the world). But as Schmitt
comments, when Kant’s conception of politics becomes “human wide,” it is not humanity
that actually in view. For what the liberal means “‘by humanity’… [is] understood, above
all, [as] European humanity.” 18 The nations that do not meet these conceptions of the
good European (liberal) life are then able to be seen as “semi-civilized, and barbarian
peoples.”19 They are under the danger of being seen as subhuman, and so they become the
unjust enemy to the liberal federation and its states. Remember that this essay said that
for Schmitt, the political sphere meddling in the private sphere and vice versa is the main
issue, because this will be important when we get to St. Augustine.
The very real possibility is liberal persecution of other sovereign states, not
because one is an enemy, but because they become “an outlaw of humanity.”20 The
liberal federation has no respect for borders and so blurs them because it conceptualizes
everyone as part of this world as a wide human society, and so its authority and power
become a potential tool to “right wrongs”21 within its world-human-citizenry. The
concerned liberal states can interject however they need to in order to stop war activities
they see as unjust. Much like how concerned citizens might jump in to protect the duelers
16
Kant, 74.
17
Kant, 74.
18
Schmitt, Nomos, 228.
19
Ibid.
20
Schmitt, Concept of the Political, 54.
21
Schmitt does not talk like this. However, this is how I am interpreting his concerns.
as they now see the duel as a crime against humanity. Thus, the ability to live as a distinct
peoples even within one’s own borders would be impossible if the liberal federation came
into being and gained quite a large amount of power.
For this reason, Schmitt’s lifelong project is to set up this concrete definition of
“political” from abstract and other “private” matters in order to offer an alternative to the
consequences of liberal democracy. Schmitt’s definition of “political” boils down to the
state being able to make a particular kind of decision. Schmitt writes, “The specific
political distinction to which political action and motives can be reduced is that between
friend and enemy.”22 More specifically, what Schmitt has in mind is an entity that will
decide for a nation who belongs to the nation within its borders23 (friends) and who does
not (enemies). A friend cannot be defined as another partner nation, even if there were to
be a strong and long lasting alliance. For, the mere possibility of an alliance brings to our
attention two separate entities since both have a separate existence from one another. For
this reason, each is the enemy of one another, even though there are no hostilities shared
between the two. Furthermore, the one (or the group) who is political is the sovereign.24
On account of this, the political entity has under it the “Jus Belli,”25 the power to
decide who will possibly be the target of war, and who has the right to fight enemies and
utilize the political entities resources. For this reason, there is no more moral criteria for
22
Carl Schmitt, The Concept of the Political, trans. George Schwab. Expanded ed. (Chicago:
University of Chicago Press, 2007), 26.
23
Minca notes that in Carl Schmitts final works Schmitt predominately and clearly saw the border
as “inscribing a division between an inside and an outside” (MINCA, 758). TODO: saw what work it was
24
See Carl Schmitt, Political Theology, 1.
25
Schmitt, the Concept of the Political, 45.
war,26 and Schmitt thinks this is the way it should be or else we can end with the imperial
expansion of the liberal federation. Strictly speaking, Schmitt claims the criteria for
making decisions of war is whether “the adversary intends to negate his opponent’s way
of life.”27 In other words, the question to ask is whether another political entity threatens
the existence of a people? If so, then the act of war is necessary. There is no criteria
needed to go to war other than this, no questions of “just cause” or “unjust cause” or
whether an enemy is a just enemy or unjust enemy that will bring a federation into
conflict with nations it deems as unjust. Furthermore, “The political” is built on a
“concrete and existential”28 case. Here, the terms “friend” and “enemy” are words that
should already bring concrete experience and persons to mind, but ultimately, a nation’s
borders are in view. Thus, if one is to look at Germany and ask who the political entity is,
they need look not at concepts or abstract political theories. Instead, all they need to
observe is who decides who is a German and who is not a German.
The friend/enemy distinction to be made must be in a different sphere that the
average citizen would operate. This is most clear when Schmitt gives us his exegesis of
Matthew 5:44, which reads, “love your enemies.” Schmitt claims that the enemy within
this passage is a “private adversary that one hates.”29 Namely, those who one happens to
find themselves in conflict with because of some self-interest. In order for one not to
conflate the political need to war against enemies with this Matthew command, Schmitt
26
Schmitt, The Concept of the Political, 27.
27
Schmitt, The Concept of the Political, 27.
28
Schmitt, The Concept of the Political, 27.
29
Schmitt, The Concept of the Political, 28.
brings to us two Latin terms “hostis” and “inimicus.”30 Inimicus is the latin word used in
the Matthew passage. It is the Hostis would be when the Muslim nations that wished to
conquer territory of Europe. Since Hostis is not in view, Schmitt reasons that there is no
reason to love or support those what the sovereign declares an enemy.31 Thus,
Christianity’s command to love the enemy has been completely bracketed from the public
sphere of the political, and we will see that this is. We will see soon that Augustine’s
conception of love is vital to St. Augustine’s concept of the duty of religion for the public
good and shows the problem with Schmitt’s bracketing of these spheres.
First, this exegesis offered by Schmitt does not work because the passage does
refer to Schmitt’s political public sphere.32 That there is a distinction in the Latin term is
of no consequence to the Greek and Hebrew languages that this passage comes from.
That is, the passage has in mind both friend and “ַע ם,” which means a people and not
merely a private connection to someone. Likewise in Leviticus 19:10 there is the call by
God for justice33 for the “ ”ִּג ּיֹורwhich is the “stranger” or sojourner, or the temporary
dweller.34 Likewise, the Greek word used in Matthew is “ἐχθρός,” and it is the same word
used to describe political enemies in the LXX. For example, Genesis 14:20 has
Melchizedek bless Abraham after God “delivered [his] enemies into [his] hand.” The
30
Schmitt, The Concept of the Political, 28.
31
That’s a scary thought, and another reason why it’s hard to see this political sovereign work.
32
Derrida, Jacques. The Gift of Death. Trans. David Willis. (Chicago: University of Chicago
Publishing, 19995), 104. Derrida writes, “The sphere of the political in Schmitt’s sense is already in play.”
33
Elisabeth Weber, Living Together:: Jacques Derrida's Communities of Violence and Peace, 133.
Weber basically brought the idea to my attention, but she did not use these exampes.
34
Francis Brown, Samuel Rolles Driver, and Charles Augustus Briggs, Enhanced Brown-Driver-
Briggs Hebrew and English Lexicon (Oxford: Clarendon Press, 1977), 158. See also, Christianity and Politics,
569.
enemies happen to be outside of Abraham’s own people. Whether Plato envisioned the
word differently is of little consequence. Thus, for Christians it appears that it is not
possible to bracket this love of the enemy to a private sphere.
Augustine’s city of men and city of God give more reason why Schmitt’s
privatization is not possible. Ultimately, the two cities are “one composed of the good,
the other of the wicked, angels or men indifferently.”35 Notice that for Augustine that that
the city of men does not exist merely because it is political. That is, whether or not the
city of men make decisions about government is not ultimately in view. Rather, the cities
are ultimately founded upon what is good and what is evil. Evil, Augustine claims, is like
the Angels when their “wills and desires”36 have gone wrong. They have “lapsed to…
[the] private good of their own, from the higher and beatific good which was common to
all.”37 Instead of continuing as the ministering Spirits for the sake of leading men to God,
they chose to make alliances with Men for their own gain. The Angel’s concern is solely
on “their own power.”38 Thus, evil is the elevation of the private sphere, their interest has
turned away from God.
And it is only love of God and love of neighbor that can be this evil’s contrast.39
St. Augustine observes that “The cause of the blessedness of the good is the adherence to
God. And so cause of the others’ misery will be found in its contrary, that is, in their not
35
Augustine, City of God, 12.1;342.
36
Augustine, City of God, 12.1;342.
37
Augustine, City of God, 12.1;342.
38
Augustine, city of God --- FROM THAT GUYS ESSAY, 380, Public and Privtate Responsibility, 566
39
Schmitt would not have much disagreement with Augustine regarding this, for it has already
been shown that Schmitt is not fond of the liberal tendency to focus on the private sphere. It is the wrong
focus of the political into the private for Schmitt that is problematic.
adhering to God.” 40 And adherence to God in Book 19 is “the Love of God and the love
of our Neighbor”41 since it is what “the divine Master, inculcates,”42 which means it is
what God teaches, and so implies an expectation of adherence to these teachings. It is for
this reason elsewhere that St. Augustine writes, “two cities have been formed by two
loves, the earthly love of self, even to the contempt of God; the heavenly love of God,
even to the contempt of self.”43 What Augustine means by this is quite similar to what he
has already been said, that pulling from the public good and turning inward is evil. And
so its contrast is the public good, which is God himself and the loving him. This means
that St. Augustine has conceived of two spheres, the public and the private. It seems that
what this shows is that Schmitt conceives the private and public sphere improperly. Just
because a decision is “political” it does not follow that the decision is not self-interested.
Sure, men live as a “pilgrim”44 from the world which sounds quite private, but
since these pilgrims do live in the city of men, St. Augustine emphasizes that the
pilgrims’ life “is inevitably a social one.”45 The Christian is never envisioned as retreating
from the world. What follows from this is that the heavenly pilgrims who find their abode
in this life should take their social responsibility and say what needs to be said in
opposition to the private good. Namely, they have much responsibility in ensuring the
political endeavor’s object of contemplation is God, since he is the only one who is able
40
Augustine, City of God, 12.1;318.
41
Augustine, City of God, 19.14;692. ---
42
Augustine, City of God, 19.14;692. ---
43
Augustine, City of God, 14.28;477. ---
44
Augustine, City of God, 19.17
45
Augustine, City of God, 19.17
to perfectly order. To interject the true God into all spheres of life is something of use to
the earthly city for the purpose of bodily peace, which is the “harmony [that] is preserved
between”46 the earthly city and the city of God. That is, both the pilgrim and those of the
earthly city are interested in an orderly city or nation for the purpose of temporal peace,
but only the pilgrim has anything to offer that brings about the best earthly peace. This is
because he is exhorted to give up love of the private sphere and all its pleasures and to
seek the love of God and Neighbor.
Yet, as we have seen, Schmitt gives the love of Neighbor over to a private realm.
What follows is that Schmitt’s image of religion actually turns out to be evil. Even more,
Schmitt thinks that he has successfully separated the political sphere from the private
sphere, the political from the moral. Schmitt has not just separated a decision on who is in
and who is out of a nation from the public Good (the public good is God), but the “Jus
Belli,”47 has been bracketed as well. That is, the entity that defines what actions are due to
an enemy have been bracket from the public good. Yet in bracketing these from the
public good Schmitt has by default brought the political entity and its ability to define the
required actions to other human beings into the realm of evil right from the beginning. As
St. Augustine would see it (and it seems he would be right), it was a moral action on
Schmitt’s part from the beginning. In other words, even though Schmitt thinks he is
cleanly separating religion from the politics and so preserving the sovereign state from
moral considerations and those consequences he perceives, he is in reality actively
promoting the political to evil. Thus, Schmitt’s advice to bracket the political from the
46
Augustine, City of God, 19.17
47
Schmitt, the Concept of the Political, 45.
religious will not have the outcome he thinks, because he has not truly given us a political
entity that is not moral or religious.
Schmitt’s bracketing of the love command dehumanizes the enemy. Hence why
the wise man abhors a “just war” in the city of God.
“distinction of friend and enmy denotes the utmost degree of intensity of a union
or separation”48 but for Augustine it is the common final good that make a people.
Schmitt thinks he has separated two spheres, instead he has merely turned the
political insto another private sphere.
For Augustine , “if they were not just, he would not have to wage them.”49 Here it
seems to indicate that it is only because it is the wrong religion. A war that is just and
nation justified if and only if it is waged for the public Good. Namely, war can only be
waged if it is for a temporal peace that is a part of the order for the proper worship of
God. It is for this reason that Augustine thinks that the heavenly city should “dissent from
the earthly”50 with regard to the sacrificing to other Gods. For if Christians were to do so,
it would not be in the interest of the public good, because it directs one to things that are
not Gods at all.
48
Schmitt, concept of the political, 26.
49
Augustine, City of God, 19.7
50
Augustine, City of God, 19.17