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devlin's avatar

A minor nitpick:

> It’s a good thing the Allies banned him from writing after WW2 because maybe he would have had to revisit the superiority of gemeinschaft over gessellschaft

Carl Schmidt didn't stop publishing, he published two original political pieces after the end of the war and did an update to Political Theology (also a literary critism piece). The theory of partisan (based on the lectures in Francois Spain in 1962) about the legal status of non-state combatants, and The Nomos of the Earth which reframes the themes of Leviathan, concerning itself with legal system of states, empires, colonies and breakdown of Westphalian system.

With the international trade and Slobodian, I'm not entirely sure how you can build a system of the adjuciation and the law that doesn't circumvent the national courts because democratic or not political systems don't have exactly good attitude towards foreigner owners, foreign trade, and foreign contracts, and have consistent hysterical meltdown about anything connected to them in all countries, and you need to somehow enforce something related to two+ parties in different jurisdictions for them to think that it's kinda fair.

Slobodian in his book generally has advocated for a system of "one nation, one vote" in setting the international trade and financial institutions and was unhappy that nothing close to it got achieved, but he didn't really make any coherent case why it would be good, why anyone in their right mind would agree on following the rules that are voted in this manner (like the US has been generally torpoeding WTO procedings even during Biden by not appointing judges).

The system in which you have universal well defined and easy to applied rules is more or less the only system you can have it. If you want to have "democracy" like Slobodian or smart ad hoc solutions like Rodrik advocated for years, you will never be able to actually adjudicate them, there will be never any coherent rules, it will be not a system of rules, but mad politically driven bilateralism.

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Robert Huben's avatar

Small correction: The author of The Bell Curve is *Charles* Murray, not Douglas Murray. According to wikipedia (https://en.wikipedia.org/wiki/Category:Member_of_the_Mont_Pelerin_Society and https://en.wikipedia.org/wiki/Murray_Rothbard) Charles Murray and Murray Rothbard are/were members of the Mont Perelin Society, but I can't find anything about Douglas Murray being a member.

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