On the other hand, striving to find the source of law, Schmitt revives the concept of an inherent law of the land. If localization, defined geopolitical space, primarily figures in his study of power relations, his philosophy of law invites us to a very organic reading, with a ecological connotation. Every farmer knows the inner measure of this justice. Finally, it is the foundation of all enclosures, the visible manifestations of social order, power, and property. If seas are free, order reigns on terra firma.
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Berger writes of human beings fashioning a world by their own activity Berger sees this taking place through a continual threefold cycle between individuals and society: externalisation, objectivation and internalization. The world thus fashioned has an order—a set of principles—which comes to be read onto society by individuals through externalisation and objectivation, and also internalised in each individual.
This order thus comes to be assumed, spoken of, and placed into social discourse to be treated as common sense. This ordering of the world and experience, which is a corporate and social process as well as an individual one, is a nomos. Put differently, the most important function of society is nomization. We all need that structuring nomos; it provides us with stability, predictability, a frame of reference in which to live.
The alternative is the chaos and terror of what Berger calls anomy. To be most effective, the nomos must be taken for granted. The structure of the world created by human and social activity is treated not as contingent, but as self-evident. So this process of world-construction is not necessarily religious, but its expression has most often been religious. Later Berger explores the part religious belief has played in nomoi: providing a connection with the cosmic—seeking to provide a completeness to that religious world-view.
Every society is engaged in the never completed enterprise of building a humanly meaningful world. Cosmization implies the identification of this humanly meaningful world with the world as such, the former now being grounded in the latter, reflecting it or being derived from it in its fundamental structures.
Such a cosmos, as the ultimate ground and validation of human nomoi, need not necessarily be sacred. Particularly in modern times there have been thoroughly secular attempts at cosmization, among which modern science is by far the most important. It is safe to say, however, that originally all cosmization had a sacred character. As with Berger, Cover rooted the nomos in "narrative", or what a post-structuralist would call meta-narrative.
Cover argued that no set of legal institutions exists apart from the narratives that locate it and give it meaning. He says this because he argues that our moral sense is composed of the narratives from which we draw conclusions, and by which we locate ourselves in relation to other people.
He argues that because narrative is morality, the normative universe must rest on narrative. Since we also construct our view of the universe physically from narrative, he argues that the normative universe is as much a part of our existence as the physical universe.
Cover then makes an argument of incorporation: he states that just as we develop increasingly complex responses to the physical world, so too is our development of responses to " otherness " conditioned over time by interaction. From this he argues that societies that have great legal systems rest on more than formal and technical virtuosity, but in the richness of their understanding of the normative universe.
Cover argues that the explicit relationship between formal apparatus of a society, in this case a legal society, and the normative range of behavior is the fulcrum to understanding whether the society is functional or not.
What Is The New “Nomos of the Earth”? Reflections on the Later Schmitt (Carl Raschke)
New York: Telos Press Publishing. Despite the seeming contradiction, he sees the JPE as Eurocentric global international law This European order, says Schmitt, was also implicitly a world order, a nomos of the Earth, including terrestrial land and the seas. But the Middle Ages were also a period in which Church spiritual and princely temporal power still co-existed in the European system, muddying the waters of European order. But the medieval Christian order began to dissolve in the 13th Century as polities began to practically and legally withdraw from this order Nonetheless, religion still played a prominent role in defining just wars and just enemies. This was accomplished by limiting war, at least in the continental terrestrial terrain of Europe, to a military relation, exclusively, between territorially defined sovereign states ,
Carl Schmitt: The Nomos of the Earth or the Rootedness of Law – PHILITT #2
Berger writes of human beings fashioning a world by their own activity Berger sees this taking place through a continual threefold cycle between individuals and society: externalisation, objectivation and internalization. The world thus fashioned has an order—a set of principles—which comes to be read onto society by individuals through externalisation and objectivation, and also internalised in each individual. This order thus comes to be assumed, spoken of, and placed into social discourse to be treated as common sense.
The Nomos of the Earth: In the International Law of the Jus Publicum Europaeum
Start your review of The Nomos of the Earth: In the International Law of the Jus Publicum Europaeum Write a review Shelves: 20th-century-early-to-mid , forandbecauseofgradschool , international-affairs , the-continent , philosophy-theory-criticism Hokay. Heres the earth: Its all green and fertile and shit. But whatever would a legal theorist of 20th century Europe writing in think is missing? If you guessed a human societal system that determines how the world goes round, you win! There are two major characteristics that define each nomos: 1- land appropriation. How this process is recognized and regulated will describe a particular nomos to you. But at the most basic level, everything must be based on a spatial order, with concrete lines, otherwise it means nothing.