Behind the Bastards: Part One – Carl Schmitt: The Mind Behind Modern Fascism
Introduction
In the inaugural episode of "Behind the Bastards" titled Part One: Carl Schmitt: The Mind Behind Modern Fascism, host Robert Evans delves deep into the life and intellectual legacy of Carl Schmitt, a pivotal figure whose legal and political theories significantly influenced modern fascism. Joined by co-host Blake Wexler and producer Sophie Lichterman, the episode meticulously unpacks Schmitt's journey from his marginalized upbringing to his role as a cornerstone in fascist jurisprudence.
Early Life and Marginalized Beginnings (00:01 – 16:17)
Carl Schmitt was born on July 11, 1888, in Plettenberg, Germany, into a Catholic family from Bossendorf near the Mosel River. Unlike many future reactionaries, Schmitt harbored no nostalgia for Imperial Germany or the Kaiserreich, a sentiment rooted in his Catholic upbringing and his family's French-German heritage. "Unlike most reactionary Germans of his day, Carl has no nostalgia for the Kaiserreich because he never feels like a full citizen of it," explains Evans, highlighting the unique position that shaped Schmitt's later ideologies (09:51).
Growing up in a predominantly Protestant environment, Schmitt faced religious marginalization, which fostered a deep-seated resentment towards the secular state. His father, a Catholic activist, instilled in him a strong sense of religious duty, although Schmitt's relationship with his mother remained strained and unspoken (13:32).
Education and Intellectual Formation (16:17 – 37:46)
Schmitt excelled academically, earning a scholarship to pursue higher education at the prestigious Friedrich Wilhelm University in Berlin. Here, he immersed himself in legal studies, particularly Roman law, under the mentorship of Fritz von Kalker, a professor of criminal law. Schmitt's academic prowess was evident, but his social interactions revealed a complex personality. "He feels because he's smarter than them and because his interests are so much more esoteric that he's like a better person," notes Evans, reflecting on Schmitt's disdain for his peers (41:10).
During his university years, Schmitt engaged with radical thinkers, including Max Stirner and David Friedrich Strauss, whose controversial ideas on egoism and the life of Jesus Christ respectively, ignited his interest in the intersection of law, morality, and political power. "Schmitt simultaneously recognizes there's this arbitrary core to the legal code. But he also starts to value what he described as higher law," Evans explains (45:49).
Personal Struggles and Relationships (37:46 – 55:23)
Schmitt's personal life was tumultuous. His unsuccessful attempts to marry Helene Bernstein, hindered by financial constraints, led to increasing frustration and anger towards societal norms. This personal discontent was compounded by his obsessive relationship with a deceptive Spanish dancer, Kari, whose fabricated noble lineage only deepened his sense of betrayal and isolation. "Carl is so crazy in love, he switches in this last year or so before the war from writing about law to writing about love," Evans elaborates (60:14).
His relationships with his Jewish friend Fritz Eisler were complex, reflecting the inherent contradictions in Schmitt's worldview. Despite Eisler's Jewish heritage, their friendship remained untainted initially, showcasing Schmitt's ability to compartmentalize his personal biases (42:37).
Intellectual Contributions and Theories (55:23 – 63:34)
Carl Schmitt's seminal work centered on the critique of liberal democracy and the inherent arbitrariness within legal systems. In his doctoral thesis, On Guilt and Types of Guilt, Schmitt argued that legal guilt is a status divorced from moral wrongdoing: "guilt is a legal status, and moral norms are bound by the law, not the other way around" (47:45). This perspective undermined the objective foundation of law, laying the groundwork for authoritarian interpretations that prioritize state power over individual rights.
Schmitt's alignment with the Free Law Movement opposed legal positivism, emphasizing the judge's discretion in interpreting justice. "He starts writing that his past pursuit of the Bernstein sisters was a mistake, but obviously it's their mistake, not him," reflects Evans, drawing parallels between Schmitt's legal theories and his personal life (52:37).
Impact and Legacy (63:34 – 66:02)
As World War I loomed, Schmitt's evolving theories positioned him as a key intellectual figure behind Nazi jurisprudence. His ability to dismantle liberal democratic principles using legalistic rhetoric made his ideas highly influential among fascist ideologues. "Carl is going to have perspective that gives him a degree of vision that other people lack," Evans summarizes, highlighting Schmitt's unique role in shaping modern fascist thought (39:47).
Conclusion
Carl Schmitt's life was a blend of intellectual brilliance and personal turmoil, culminating in his contributions to fascist theory. Through his critique of liberal democracy and the arbitrary nature of legal systems, Schmitt provided a philosophical foundation for authoritarian regimes. This episode of "Behind the Bastards" offers a comprehensive exploration of how Schmitt's marginalized beginnings, academic excellence, and personal conflicts coalesced into a legacy that continues to influence political thought.
Notable Quotes
- Robert Evans at 09:51: "Unlike most reactionary Germans of his day, Carl has no nostalgia for the Kaiserreich because he never feels like a full citizen of it."
- Robert Evans at 13:32: "Fuck these Catholics. Yeah. Fuck the Pope, which I take offense to."
- Robert Evans at 41:10: "Like the Michael Jordan hall of Fame speech, but with the creator of fascism."
- Carl Schmitt (paraphrased from 52:37): "Every person is vehemently egotistic and it is a miracle they do not murder and poison each other, but inquire about the weather instead."
- Robert Evans at 47:45: "Guilt is a legal status, and moral norms are bound by the law, not the other way around."
Final Thoughts
This episode serves as a critical examination of Carl Schmitt's influence on modern fascism, offering listeners a nuanced understanding of how his legal philosophies and personal experiences intertwined to shape a formidable ideological legacy. For those keen on exploring the darker facets of historical figures, "Behind the Bastards" provides an engaging and informative narrative that sheds light on the complexities behind one of the most influential minds in authoritarian thought.