54. Murphy, 89.
55. Ibid.
CHAPTER TWENTY-TWO: THE VERSAILLES TREATY
1. Friedrich Nietzsche, “Thus Spake Zarathustra,” in The Portable Nietzsche, ed. and trans. Walter Kaufmann (Viking Press, 1954), 160 – 161. Charles de Gaulle also spoke of states as “monstres froids.”
2. William Langer, “A Critique of Imperialism,” in The New Imperialism: Analysis of Late Nineteenth Century Expansion, ed. Harrison M. Wright (Heath, 1961), 98.
3. Osiander, 251.
4. For I dipt into the future; far as human eye could see. Saw the Vision of the world, and all the wonder that would be… Heard the heavens fill with shouting, and there rain'd a ghastly dew From the nations' airy navies grappling in central blue… Till the war-drum throbb'd no longer and the battle flags were furl'd In the Parliament of Man, the Federation of the World. Alfred Lord Tennyson, “Locksey Hall,” in Poems Published in 1842 (Clarendon Press, 1914), 207 – 220. According to his biographer, President Truman copied this stanza in his own hand and carried it with him for the next fifty years. Alonzo L. Hamby, Man of the People: A Life of Harry S Truman (Oxford, 1995), 13.
5. The Messages and Papers of Woodrow Wilson, vol. 1, 378 – 379.
6. Arthur Walworth, America's Moment, 1918: American Diplomacy and the End of World War I (Norton, 1977), 95.
7. See discussion in Chapter 14, “Colonel House and a World Made of Law.”
8.
An open peace conference.
Freedom of navigation of the seas.
Reduction of trade barriers.
Reduction of armament levels to “the lowest point consistent with domestic safety.”
“A free, open-minded, and absolutely impartial adjustment of all colonial claims.”
Withdrawal from Russian territory and respect for Russian political self-determi-nation.
“Belgium, the whole world will agree, must be evacuated and restored.”
“All French territory should be freed and the invaded portions restored.”
“A readjustment of the frontiers of Italy should be effected along clearly recognizable lines of nationality.”
“The peoples of Austria-Hungary, whose place among the nations we wish to see safeguarded and assured, should be accorded the freest opportunity to autonomous development.”
Balkan states evacuated and restored.
Ottoman Empire removed from Europe to allow for free passage in the Dardanelles and self-determination.
“An independent Polish state should be erected which should include the territories inhabited by indisputably Polish populations.”
Establishment of the League of Nations.
9. A role played by the first Treaty of Paris with respect to the Vienna congress.
10. See Osiander, 299.
11. The Messages and Papers of Woodrow Wilson, vol. 1, 352.
12. Robert F. Randle, The Origins of Peace: A Study of Peacemaking and the Structure of Peace Settlements (Free Press, 1963), 429: “They… fix the structure of the then-current system in terms of the territory and resources of the belligerents….” See also Osiander, 313.
13. U.S. State Department, 1942 – 1947, vi, 882.
14. I have consolidated several remarks of Clemenceau, including some made the next day. Quoted in Osiander, 283 – 284.
15. France on the northern coast of the Black Sea; Britain in Central Asia in the Trans-caucasus; Japan, the United States, and Britain in Siberia; and Britain, the United States, and France in the Murmansk-Archangel region.
16. Robert Lansing, The Peace Negotiations: A Personal Narrative (Houghton Mifflin, 1921), 244.
17. Harold George Nicolson, Diaries and Letters (Atheneum, 1966 – 1968).
18. Larry E. Jones, German Liberalism and the Dissolution of the Weimar Party System, 1918 – 1933 (University of North Carolina Press, 1988), 3.
19. Charles L. Mee, Jr., The End of Order, Versailles, 1919 (Dutton, 1980), 267 (emphasis supplied).
20. See Herbert Spiro, The Dialectic of Representation, 1619 – 1969 (University Press of Virginia, 1969).
21. Eberhard Kolb, The Weimar Republic, trans. P. S. Falla (London: Unwin Hyman, 1988).
22. This was characteristic of the German advances in historiography during this period; see for example, Schliemann.
23. Hegel makes this argument in the introduction to The Philosophy of History: Georg W.F. Hegel, Introduction to the Philosophy of History (Hackett, 1998), 40 – 56.
24. Hans Linde, “State, Sovereignty, and International Law: A Study of Three German Legal Theories,” unpublished thesis (1947), 32. I would prefer to say “a misunderstanding derived from the days of feudal monarchy.”
25. Ibid., 28.
26. J. J. Lador-Lederer, “Jews in Austrian Law,” East European Quarterly 12 (1978): 129 – 142.
27. Leaders from Canute to Stalin have disputed this.
28. Linde, 50.
29. If Mé + E (or Mê + E), then Z → M (where M is a human act, the performance of which is Mé—or its avoidance Mê; E signifies an event, usually produced by behavior M; Z is the enforcing behavior of the official, and the arrow directed against M indicates that generally the behavior of the official is directed against the actor that is responsible for the behavior). Erich Voegelin, “Kelsen's Pure Theory of Law,” Political Science Quarterly 42 (1927): 270.
30. “Without your calling it, the tide comes in / Without your hurling it, the earth can spin / Without your pushing them, the clouds roll by / If they can do without you duckie, so can I.” “Without You,” from the musical My Fair Lady, written by Alan Jay Lerner and Frederick Loewe.
31. Hans Kelsen, General Theory of Law and State, trans. Anders Wedberg (Russell & Russell, 1945), 115.
32. Cf. M. A. Bedau, “Weak Emergence,” in Philosophical Perspectives: Mind, Causation, and World, vol. 11, ed. James Tomberlin (Blackwell, 1997), 375.
33. Compare: “the world is everything that is the case.” Ludwig Wittgenstein, Tractatus Logico-Philosophicus, I.
34. Hans Kelsen, “Centralization and Decentralization,” in Authority and the Individual (Harvard University Press, 1937), 239.
35. Stephen Holmes, The Anatomy of Illiberalism (Harvard University Press, 1993), 37. Interestingly, the left quarterly Telos devoted its entire Summer 1987 issue to Schmitt, introducing its subject by saying “in the present situation of political stalemate, the left can only benefit by learning from Carl Schmitt.” P. Piccone and G. L. Ulmen, “Introduction to Carl Schmitt,” in “Special Issue on Carl Schmitt,” Telos: A Quarterly of Critical Thought 72 (1987).
36. M. Wiegandt, “The Alleged Unaccountability of the Academic: A Biographical Sketch of Carl Schmitt,” Cardozo Law Review 16 (March 1995).
37. In Political Romanticism, he attacked the Romantics whose attitudes “preclude[d] any firm position or commitment” and for whom God as a point of reference was replaced by “the genial ‘I.’” His next book, Die Diktatur, was also a product of the Munich period of Schmitt's life. This work included an interpretation of that provision of the Weimar Constitution—which permitted the president to assume dictatorial powers—that attracted attention owing to Schmitt's novel reading of Article 48 as both expansive in its allocation of power to suspend basic rights, but restricted in that the ultimate form of the State—the constitutional order referred to in Book I—could not be changed.
38. Carl Schmitt, Political Theology: Four Chapters on the Concept of Sovereignty, trans. George Schwab (Cambridge, Mass.: MIT Press, 1985).
39. Carl Schmitt, The Crisis of Parliamentary Democracy, trans. Ellen Kennedy (Cambridge, Mass.: MIT Press, 1985).
40. Carl Schmitt, The Concept of the Political, trans. George Schwab (Rutgers University Press, 1976).
41. A fifth idea is derived from this distinction: Schmitt's theory of Grossraum—a geographical region dominated by the general application of a particular friend/enemy distinction, affording rights to resist intervention in the area by other powers.
42. Quoted in David Dysenhaus, “Hermann Heller and the Legitimacy of Legality,” 17, later published in Oxford Journal of Legal Studies vol. 16, 641 (1996), 22, n. 41.
43. Dysenhaus, 2.
44. As for modern-day critical legal theorists and for the Frankfurt School that was their progenitor and Schmitt's contemporary.
45. Philip Bobbitt, Constitutional Fate: Theory of the Constitution (Oxford: Oxford University Press, 1982).
46. Philip Bobbitt, Constitutional Interpretation (B. Blackwell, 1991).
47. Schmitt, The Concept of the Political, 26.
48. Ibid., 27.
49. Stephen Holmes, The Anatomy of Illiberalism, 40.
50. Quoted in Dysenhaus, 13.
51. Dysenhaus, 14.
52. In Political Theology, Schmitt had characterized the views of de Maistre and other counterrevolutionary philosophers as “decisionism” (decisionem).
53. Schmitt, Political Theology, 30.
54. This identification apparently ran in one direction only. Count Ciano reported that in early 1943 Mussolini said that that year would determine whether the Italians were a great people or a nation of waiters.
55. See Rolf Wiggershaus, The Frankfurt School: Its History, Theories, and Political Significance, trans. Michael Robertson (Polity Press, 1994); Martin Jay, The Dialectical Imagination: A History of the Frankfurt School and the Institute of Social Research, 1923 – 1950 (Little, Brown, 1973); George Friedman, The Political Philosophy of the Frankfurt School (Ithaca, N.Y.: Cornell University Press, 1981). See also Laurent Stern, “On the Frankfurt School,” History of European Ideas 4 (1983): 83
56. György Lukács, History and Class Consciousness, trans. Rodney Livingstone (MIT Press, 1971), 1.
57. Ibid., 85.
58. Judith Marcus, “The Judaic Element in the Teachings of the Frankfurt School,” 1986 Yearbook of the Leo Baeck Institute (Leo Baeck Institute, 1986), 339 – 353.
59. Social Democracy and the Rule of Law: Otto Kirchheimer and Franz Neumann, ed. Keith Tribe, trans. Leena Tanner and Keith Tribe (Allen & Unwin, 1987).
60. See lecture, University of Kansas Law Review 42, Summer 1994, 770.
61. Cardozo Law Review 17, March 1996, 826.
62. Neumann's arguments—that legal formalism can be used to combat oppression and to protect minorities—were very much an exception in the school.
63. Kirchheimer was greatly influenced by Carl Schmitt. He adopted wholesale the latter's views on direct democracy and social homogeneity, as well as Schmitt's emphasis on the “emergency exception” and the crucial role of the definitive decision, of which, both Schmitt and Kirchheimer argued, a liberal democracy was incapable.
64. Otto Kirchheimer, “The Socialist and Bolshevik Theory of the State,” in Social Democracy and the Rule of Law (Allen & Unwin, 1987), 14.
65. William Scheuerman, Between the Norm and the Exception (MIT Press, 1994), 25.
66. Kirchheimer, “The Socialist and Bolshevik Theory of the State,” 12 – 14.
67. Ibid., 10 – 14.
68. Otto Kirchheimer, “Weimar—And What Then?” in Social Democracy and the Rule of Law (Allen & Unwin, 1987), 44.
69. Scheuerman, 31 – 32.
70. Ibid., 26.
71. Quoted in Otto Kirchheimer, Political Justice: The Use of Legal Procedures for Political Ends (Princeton University Press, 1961), 287, as part of a critique of state socialist law.
72. Scheuerman, 36.
73. Kirchheimer, “The Socialist and Bolshevik Theory of the State,” 18.
74. Otto Kirchheimer, “Criminal Law in National Socialist Germany,” in Studies in Philosophy and Social Science 8 (1939): 463.
75. Otto Kirchheimer, “The Legal Order of National Socialism,” in Studies in Philosophy and Social Science 9 (1941): 456 – 478.
76. Ehrhard Bahr, “The Anti-Semitism Studies of the Frankfurt School: The Failure of Critical Theory,” German Studies Review 1 (1978): 125.
CHAPTER TWENTY-THREE: THE PEACE OF PARIS
1. Kenneth A. Oye, “Explaining the End of the Cold War: Morphological Behavioral Adaptations to the Nuclear Peace?” in International Relations Theory and the End of the Cold War, ed. Richard Ned Lebow and Thomas Risse-Kappen (New York: Columbia University Press, 1995). Kenneth A. Oye has concluded that the bipolar strategic world required such enormous infusions of resources that the Soviet economy was undermined. The burdens thus imposed by the international competition structured Gorbachev's reform agenda. See also Robert Gates, From the Shadows: The Ultimate Insiders Story of Five Presidents and How They Won the Cold War (New York: Simon & Schuster, 1996).
2. Michael Doyle has argued that the domestic pressures for political reform persuaded the Soviet leadership to enter the international political economy in order to gain the fruits of the international market. See the final chapter, “The Future,” in Michael Doyle, Ways of War and Peace (New York: Norton, 1997). See also Thomas Risse-Kappen, “Did ‘Peace through Strength' End the Cold War? Lessons from INF,” International Security 16 (1991): 162; and on a related note, Mancur Olson, Power and Prosperity (Basic Books, 2000), in which it is argued that democracy performs better economically than either communist or capitalist tyranny.
3. Compare Paulette Kurzer, “International Relations Theory and the End of the Cold War,” Political Science Quarterly 8 (1996): 166; and Thomas Risse-Kappen, “Ideas Do Not Float Freely: Transnational Coalitions, Domestic Structures, and the End of the Cold War,” International Organizations 48 (1994): 185.
4. See Part II, Book I.
5. Gorbachev deployed glasnost and perestroika as a response to the delegitimization of Soviet communism and as an attempt to retain control through reform: “[Counter-reformation] is a self-critical show of strength with the aim of incorporating those values created against the will of [the established orthodoxy], and outside the social institutions in order to stop them [from] becoming antagonistic and subversive.” Adam Michnik, “The Great Counter-Reformer,” Labor Focus and Eastern Europe 9 (July – October 1987): 23.
6. Michnik.
7. Coit Blaker, Hostage to Revolution: Gorbachev and Soviet Security Policy, 1985 – 1991 (Council on Foreign Relations, 1993), 188.
8. See Adam Michnik, “On Resistance,” in Adam Michnik, Letters from Prison and Other Essays, trans. Maya Liatynski (University of California Press, 1985), 41,43.
9. In this regard it is quite interesting to recall the following statements by Gorbachev at a press conference held with Mrs. Thatcher: “… I will tell you about an interesting conversation which I had at Stanford when I met a group of professors… Professor Friedman, the economist… had a very interesting observation to make. He recalled that, after World War II, when the U.S. set out to help the Japanese… to master the forms of a market economy, a group of them, specialists, arrived in Japan. His first impression… was that the people were wholly unprepared for working in the conditions which they wanted to propose. They were all very unhurried people. They lacked energy and initiative. They were absolutely not the right kind of human material…. Subsequently he quickly changed his mind. You know how the Japanese work now, he said. I met leaseholders in the Kremlin recently and they are the very people who are working under conditions which are necessary for a market economy. I was struck by their openness, judgment, experience, and initiative. They had so many proposals. That discussion ended with them sitting around preparing a proposal for the president…. These are already different people.” Joint Press Conference, June 8, 1990, Moscow Television in FBIS-SOV, June 11, 1990. Gorbachev believed that he could make the Russian people into a disciplined and yet innovative workforce—as he thought the Americans had done with the Japanese—not, however, in order to support a parliamentary system but to advance socialism.
10. By the beginning of the twentieth century, the Russian state-nation employed about 160 full-time personnel in its secret police, and a police force of about 10,000. Its successor, the Soviet nation-state's secret police
, amounted to 262,400 in 1921, excluding the NKVD. John Gray, “The Politics of Cultural Diversity,” in Postliberal-ism (Routledge, 1993), 257.
11. These can be compared to Mao's Great Leap Forward, and the “Cultural Revolution.”
12. Fairbanks attributes the first noticing in the West of this recurrence to Walter Laqueur. See Charles Fairbanks, “The Nature of the Beast,” The National Interest 31 (Spring 1993): 46.
13. Vladimir Kontorovich, “The Economic Fallacy: Economic Problems and the Collapse of Communism in the Former USSR,” The National Interest 31 (Spring 1993): 35.
14. Ibid.
15. This theory holds, roughly, that economies are so rife with distortions and compensations for them, that interventions will inevitably have unintended, indeed unpredictable consequences.
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