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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.


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.
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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 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

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