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“All significant concepts of the modern theory of the state are secularized theological concepts not only because of their historical development - in which they were transferred from theology to the theory of the state, whereby, for example, the omnipotent god became the omnipotent lawgiver - but also because of their systematic structure, the recognition of which is necessary for a sociological consideration of these concepts. The exception in jurisprudence is analogous to the miracle in theology. Only by being aware of this analogy can we appreciate the manner in which the philosophical ideas of the state developed in the last centuries.”
― Political Theology: Four Chapters on the Concept of Sovereignty
― Political Theology: Four Chapters on the Concept of Sovereignty
“The exception is more interesting than the rule. The rule proves nothing; the exception proves everything. In the exception the power of real life breaks through the crust of a mechanism that has become torpid by repetition.”
― Political Theology: Four Chapters on the Concept of Sovereignty
― Political Theology: Four Chapters on the Concept of Sovereignty
“How did Kirchmann understand the worthlessness of jurisprudence ? The answer lies in the aphorism: "Three revisions by the legislator and whole libraries became wastepaper." With a sharp alteration this answer became a slogan:"A stroke of the legislator's pen and whole libraries became wastepaper." Another aphorism in the same vein made the point even more brusquely and less politely: "Positive law turns the jurist into a worm in rotten wood." Kirchmann meant that jurisprudence could never catch up with legislation. Thus our predicament becomes immediately obvious. What remains of a science reduced to annotating and interpreting constantly changing regulations issued by state agencies presumed to be in the best position to know and articulate their true intent?”
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“I apprehend no danger to our country from a foreign foe. Our destruction, should it come at all, will be from another quarter. From the inattention of the people to the concerns of their government, from their carelessness and negligence, I must confess that I do apprehend some danger. I fear that they may place too implicit a confidence in their public servants, and fail properly to scrutinize their conduct; that in this way they may be made the dupes of designing men, and become the instruments of their own undoing. Make them intelligent, and they will be vigilant; give them the means of detecting the wrong, and they will apply the remedy.”
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“In the nomadic age, the shepherd (nomeus) was the typical symbol of rule. In Statesman, Plato distinguishes the shepherd from the statesman: the nemein of the shepherd is concerned with the nourishment (trophe) of his flock, and the shepherd is a kind of god in relation to the animals he herds. In contrast, the statesman does not stand as far above the people he governs as does the shepherd above his flock. Thus, the image of the shepherd is applicable only when an illustration of the relation of a god to human beings is intended. The statesman does not nourish; he only tends to, provides for, looks after, takes care of. The apparently materialistic viewpoint of nourishment is based more on the concept of a god than on the political viewpoint separated from him, which leads to secularization. The separation of economics and politics, of private and public law, still today considered by noted teachers of law to be an essential guarantee of freedom.”
― The Nomos of the Earth: In the International Law of the Jus Publicum Europaeum
― The Nomos of the Earth: In the International Law of the Jus Publicum Europaeum
Lee’s 2025 Year in Books
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