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To end with Carl Schmitt Habermas in the face of legal and political amateurism

2024· article· en· W4406699986 on OpenAlexaff
Ayman Awad Elkholy, Bjarne Melkevik

Bibliographic record

VenueInternational Journal of Advanced Research on Law and Governance · 2024
Typearticle
Languageen
FieldSocial Sciences
TopicPolitical Theology and Sovereignty
Canadian institutionsUniversité Laval
Fundersnot available
KeywordsPoliticsFace (sociological concept)Schmitt triggerPhilosophyLawPolitical scienceEpistemologyLaw and economicsSociologyLinguisticsPhysics

Abstract

fetched live from OpenAlex

When approaching Habermas's work, one cannot avoid noting that the German constitutional jurist and philosopher Carl Schmitt (1888-1985) finds himself constantly under fire from direct and implicit criticism. Habermas openly rejects Schmitt's ideas, which he considers harmful because they manifest anti-democraticism. He is so vehemently opposed to Schmitt's political and legal thought that he impedes legal reasoning (as well as legal practice) in the turns of irrationality, even in the swamps of legal and political amateurism. In Habermas's eyes, Schmitt embodies the syndrome of totalitarianism, servitude and immersion in the face of all that is pure and cruel, which has served and blinded the German people and especially its cultural, legal or political elites. He clearly rejects its authoritarian and shameful side, the existence of which he deplores as much as its persistence in German legal and political culture.The practical and theoretical reasons for this disagreement and the rejection of Schmittism in all its forms will concern us later. To the extent that Habermas's democratic theory of law is the exact opposite of Schmitt's anti-democratic authoritarianism, this critique allows us to take a unique look at the methods of this theory itself.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.405
Threshold uncertainty score0.319

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.030
GPT teacher head0.415
Teacher spread0.385 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2024
Admission routes1
Has abstractyes

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