ПОНЯТИЕ «ВРАГ» В ПОЛИТИКО-ПРАВОВОЙ КОНЦЕПЦИИ КАРЛА ШМИТТА

Abstract

The relevance of the theoretical developments of the German philosopher and lawyer Carl Schmitt can be explained by a number of events and trends taking place in the modern world. The most relevant plot in this regard is war, its reinterpretation, history of development and, as an initial and necessary element of consideration, its prerequisites. An obligatory historical prerequisite (and at the same time a consequence) for the emergence of any war is the attitude towards the enemy with an indispensable set of characteristics of the latter. Enemy in the political space is traditionally viewed through the prism of war, which, in turn, reflects the state of international law at the time of its conduct. A number of works by the German philosopher and lawyer K. Schmitt are devoted to war and the enemy generated by it. Obvious to Schmitt is the dependence of the nature of war on time (the spirit of time) and the place of its conduct, and as a consequence of this dependence – a change in the essential nature of the enemy. The author of the article attempts to systematize wars reflected in Schmitt's politico-legal doctrine. Offering temporal and spatial factors as a criterion for systematization, the author briefly analyzes (1) religious wars of the Middle Ages; (2) interstate (regular) wars (before the Versailles Peace in 1919); and (3) modern total just wars (after signing the Versailles Peace). In accordance with this systematization, the author considers several types of enemy, the essential nature of which is dictated by the nature of a particular war: enemy as an absolute evil (generated by religious wars); dueling enemy (generated by interstate (regular) wars); enemy as a criminal, a partisan, a terrorist (generated by a total just war); enemy as a subhuman, non-human (generated by the legal theory of the Third Reich).