Volume 62, Issue 3, Summer 2018
Arianne Françoise Conty
Pages 939-958
Sovereign Power, Sovereign Justice
Carl Schmitt and Jacques Derrida on the State of Exception
In his book Political Theology, Carl Schmitt compared the freedom of God over and beyond the laws of nature to sovereign power, understood as transcending the laws of the state. Philosopher Jacques Derrida has argued that such a Schmittian political theology undermines the possibility of democracy from within. Yet in this paper I would like to develop Derrida’s understanding of justice in order to show that it functions in a similar way to Schmitt’s understanding of sovereign power. Because justice is always singular for Derrida, it transcends politics and is identified with a transcendent alterity beyond the iterability of the law. If Schmitt’s understanding of power as a State of Exception undermines democracy from within, by placing justice in a dimension beyond politics and the law, Derrida’s notion of justice also functions as a State of Exception and undermines the democratic project from without, depriving it of its performative power.