Read on Twitter
I had high hopes for PKU law prof Chen Duanhong's speech in HK for PRC constitution day and I wasn't disappointed.
Chen and Jiang Shigong being China's most prominent Schmittian thinkers, inviting Chen to give the keynote was particularly meaningful. 1/
https://cmab.gov.hk/doc/tc/documents/constitution_day/speech3.pdf
Chen and Jiang Shigong being China's most prominent Schmittian thinkers, inviting Chen to give the keynote was particularly meaningful. 1/
https://cmab.gov.hk/doc/tc/documents/constitution_day/speech3.pdf
The speech is titled “National/State Security and the Constitution”
It contains Chen's most purely Schmittian pronouncement to date:
“Without exageration, we may say that exclusiveness and the friend-enemy distinction is the essence of loyalty to the state & constitution.”
It contains Chen's most purely Schmittian pronouncement to date:
“Without exageration, we may say that exclusiveness and the friend-enemy distinction is the essence of loyalty to the state & constitution.”
可以不誇張地說，排他性或敵友區分是國家忠誠和憲法忠誠的實質。3/
Quick summary. Part 1 “Security of Sovereignty is a prerequisite for a living constitution”
As argued by Hobbes, forming states is the only way to end the war of all against all. The state is in essence a security system. 4/
As argued by Hobbes, forming states is the only way to end the war of all against all. The state is in essence a security system. 4/
Hongkongers might think they are an exception, because they left their state for security in a colony, became rich, and lost the notion of state, became world citizens.
This is a grave error b/c 1) occupation of HK was a result of war 5/
This is a grave error b/c 1) occupation of HK was a result of war 5/
2) people fled to HK b/c they thought the UK was stronger than China and 3) security in colonial HK lacked political subjectivity and citizens' rights.
6/
6/
A constitution is the result of constituting power, a function of sovereignty. As Hobbes said, sovereignty is the sould of the state. When some W countries and HK's laamchao faction set up the BL against China's sovereignty, this is in essence separatism. 7/
Part 2: The Constitution is a law for the state's self-protection. Constitution is not a suicide pact, cannot be construed in ways that harm state security. It gives the power to proclaim a state of exception.
8/
8/
Lincoln's inauguration speech showed why secession is unconstitutional and saved the union.
In the same way, HK's Basic Law cannot be self-mutilating for the PRC state, or a protective umbrella for separatism.
9/
In the same way, HK's Basic Law cannot be self-mutilating for the PRC state, or a protective umbrella for separatism.
9/
Part 3: Loyalty to the Constitution is the source of national security.
Loyalty requires exculsiveness, willingness to sacrifice, to always chose one's friend over one's enemy.
Loyalty to the constitution is like a civil religion.
10/
Loyalty requires exculsiveness, willingness to sacrifice, to always chose one's friend over one's enemy.
Loyalty to the constitution is like a civil religion.
10/
When LegCo members desecrated their oaths, the NPC had to step in.
Oaths are speech acts. As Agamben said, like in the state of exception, the oath-taker becomes bare-life, takes the people as witness, offers self to the people, who are the sovereign, the constituting power.
11/
Oaths are speech acts. As Agamben said, like in the state of exception, the oath-taker becomes bare-life, takes the people as witness, offers self to the people, who are the sovereign, the constituting power.
11/
Desecrating an oath means declaring war on the spirits-how could there be no retribution? Desecrating a constitutional oath is a desecration of sovereignty.
Oath is last appeal to conscience: when it is breached, language and ethics are bankrupt, requires legal means.
12/12
Oath is last appeal to conscience: when it is breached, language and ethics are bankrupt, requires legal means.
12/12
