Cookies

We use cookies to ensure that we give you the best experience on our website. By continuing to browse this repository, you give consent for essential cookies to be used. You can read more about our Privacy and Cookie Policy.


Durham Research Online
You are in:

From nomos to Hegung : sovereignty and the laws of war in Schmitt's international order.

Jacques, J. (2015) 'From nomos to Hegung : sovereignty and the laws of war in Schmitt's international order.', Modern law review., 78 (3). pp. 411-430.

Abstract

Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the ordering function of the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order.

Item Type:Article
Keywords:Carl Schmitt, Nomos, Moira, Hegung, Hedge, Recognition, Sovereignty, Laws of war, International order.
Full text:(AM) Accepted Manuscript
Download PDF
(307Kb)
Status:Peer-reviewed
Publisher Web site:https://doi.org/10.1111/1468-2230.12122
Publisher statement:This is the accepted version of the following article: Jacques, J. (2015), From Nomos to Hegung: Sovereignty and the Laws of War in Schmitt's International Order. The Modern Law Review, 78(3): 411-430, which has been published in final form at https://doi.org/10.1111/1468-2230.12122. This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.
Date accepted:08 February 2014
Date deposited:09 November 2015
Date of first online publication:01 May 2015
Date first made open access:01 May 2017

Save or Share this output

Export:
Export
Look up in GoogleScholar