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Legal systemology and the geopolitics of Roman law: a response to Stuart Elden’s critique of Carl Schmitt’s spatial ontology

Siliquini-Cinelli, Luca 2015, Legal systemology and the geopolitics of Roman law: a response to Stuart Elden’s critique of Carl Schmitt’s spatial ontology, Pólemos : journal of law, literature and culture, vol. 9, no. 2, pp. 411-439, doi: 10.1515/pol-2015-0028.

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Title Legal systemology and the geopolitics of Roman law: a response to Stuart Elden’s critique of Carl Schmitt’s spatial ontology
Author(s) Siliquini-Cinelli, Luca
Journal name Pólemos : journal of law, literature and culture
Volume number 9
Issue number 2
Start page 411
End page 439
Total pages 29
Publisher De Gruyter
Place of publication Berlin, Germany
Publication date 2015-09
ISSN 2035-5262
2036-4601
Keyword(s) Carl Schmitt
Geopolitics
Roman law
Global Order
Summary This paper explores the production, destruction, and reproduction of the geopolitical spaces of Roman law in order to offer an analysis of Schmitt’s (selective) notion of Jus Publicum Europaeum and its relevance to the current “depoliticization” and “dejuridification” of the world. By adopting a historical and geopolitical approach that reaches the boundaries of legal systemology and political theology, the present contribution investigates the manipulative and instrumentalist use of the material object of Rome’s (universalist) competence, namely the “territory” as dominium of its political intervention, which was ultimately (and idealistically) aimed at avoiding the natural destiny of any living being: birth, maturity, and death. Attention is therefore paid to the Roman strategy of (ontological?) contamination of its mythical identity through the legal and sociopolitical administration and regulation of its geographical spaces in terms of (non-)cultural signification. Through the analysis of such concepts as “nomos,” “Großraum,” “Ortung,” and “Ordnung,” it is claimed that Schmitt voluntarily chose to identify the Jus Publicum Europaeum with the geopolitical order produced during the Age of Discovery and not with the “comprehensive” Roman spatial order. The reason for this choice may be identified in the distortive use of Rome’s social relations and political allegiances that lay at the core of its genealogical expansionism (and subsequent inevitable dissolution) since the conquest of Veius in 396 BC and the historical compromise between patrician nobility and plebeians in 367 BC.
Language eng
DOI 10.1515/pol-2015-0028
Field of Research 180199 Law not elsewhere classified
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2015, Walter de Gruyter GmbH
Persistent URL http://hdl.handle.net/10536/DRO/DU:30078207

Document type: Journal Article
Collection: Law
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