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State Of Exception

Author : Giorgio Agamben
ISBN : 9780226009261
Genre : Philosophy
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Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
Category: Philosophy

State Of Exception

Author : Elena Bellina
ISBN : 9781443807470
Genre : Political Science
File Size : 88.19 MB
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In a globalized world exposed to ever more dramatic dangers, the established legal order enters into crisis and the rhetoric of fear is deployed in order to legitimate states of exception. Italian philosopher Giorgio Agamben has widely elaborated on the historical effects of the juridical concept of the state of exception, recalling the definition formulated by German legal theorist Carl Schmitt. The state of exception presents itself as an inherently elusive phenomenon, a juridical no-man's land where the law is suspended in order to be preserved. The juridical tensions inherent in the state of exception necessitate a constant interplay of anomie and nomos, an ongoing interaction between order and the suspension of order used to justify every conceivable abuse of power. Such interplay, epitomized by the aftermath of the 2001 terrorist attacks in the USA, has become central to today’s geopolitical scenario. This book examines the implications of the “state of exception” on both a macro and micropolitical level strongly informed by Italy's long history of exceptional uses of power. The book is divided into three parts. The first part explores philosophical issues related to the history of the state of exception within the frame of juridical, political, and economical principles. The second part focuses on Italian cultural and literary production during times of socio-political crisis, devoting special attention to the ways in which history may interact with its fictional representations. The third section is devoted to the literary and cinematic representations of the biopolitical effects of the state of exception on Italian urban areas and the spectacularization of terrorism in Italian cinema.
Category: Political Science

The Exceptionalist State And The State Of Exception

Author : William V. Spanos
ISBN : 9780801899348
Genre : Literary Criticism
File Size : 87.44 MB
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The Exceptionalist State and the State of Exception illustrates that Melville, in his own time, was aware of the negative consequences of the deeply inscribed exceptionalist American identity and recognized the essential domestic and foreign policy issues that inform the country’s national security program today.
Category: Literary Criticism

States Of Exception

Author : Cosmin Cercel
ISBN : 9780429663796
Genre : Law
File Size : 88.39 MB
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This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts – including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.
Category: Law

International Relations And States Of Exception

Author : Shampa Biswas
ISBN : 9781135251819
Genre : Political Science
File Size : 20.65 MB
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Critically but sympathetically interrogating Italian philosopher Giorgio Agamben’s analysis of the logic of sovereign power, this volume draws attention to the multiple zones of exclusion in and through which contemporary international politics constitutes itself. Beginning from the margins and peripheries of world politics, this book emphasises the colonial processes through which contemporary "third world" spaces of exception have been shaped and particular bodies made susceptible to the conditions of "bare life". The authors contend that these bodies inhabit a variety of spaces or "zones of indistinction" that include political detainees, refugees, asylum-seekers, poor migrants, sweatshop workers, and unassimilated indigenous populations. These are the "expendable bodies" that the territorial and market-driven logic of current international relations simultaneously produces, polices and excludes. Focussing on the locally and socio-historically specific ways that sovereign power works, the individual chapters provide the volume with a wide geographical reach. Drawing on diverse approaches, this text constitutes an important intervention in critical international relations, providing grounded theory and sophisticated analyses of how contemporary international relations works through the production of ‘exceptions’. Bringing together a range of internationally-renowned scholars, International Relations and States of Exception will be of vital interest to students and scholars of International Relations, Critical Theory and Postcolonial Studies.
Category: Political Science

The Fiction Of Sovereignty And The Real State Of Exception Giorgio Agamben S Critique Of Carl Schmitt

Author :
ISBN : OCLC:1052001237
Genre :
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Agamben is perhaps best known for his analysis of the “logic of sovereignty” drawn from Carl Schmitt. This article examines the critique of sovereignty that Agamben develops through his reading of Walter Benjamin’s messianism. For Agamben, Schmitt’s analysis of sovereignty claims that the state of exception is a juridical condition, in that the law survives its suspension in the form of the “force-of-law.” Drawing on Benjamin, Agamben argues that sovereignty is a fiction that covers over the originary inoperativity of the law and the illegitimacy of authority. The purpose of Agamben’s analysis is to open space for a new understanding of the relationship between law and political action that responds to the contemporary crisis of tradition.

States Of Exception

Author : Keya Ganguly
ISBN : 0816637172
Genre : Social Science
File Size : 84.43 MB
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A philosophical anthropology of everyday experience, this book is also a deeply informed and thought-provoking reflection on the work of cultural critique. States of Exception looks into a community of immigrants from India living in southern New Jersey--a group to whom the author, as a daughter of two of its members, enjoyed unprecedented access.
Category: Social Science

The International Law Of Human Rights And States Of Exception

Author : Anna-Lena Svensson-McCarthy
ISBN : 9041110216
Genre : Political Science
File Size : 32.58 MB
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This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.
Category: Political Science

States Of Exception In The Contemporary Novel

Author : Arne De Boever
ISBN : 9781441102485
Genre : Literary Criticism
File Size : 67.73 MB
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In the aftermath of the September 11 terror attacks, the political situation in both the United States and abroad has often been described as a "state of exception": an emergency situation in which the normal rule of law is suspended. In such a situation, the need for good decisions is felt ever more strongly. This book investigates the aesthetics, ethics, and politics of various decisions represented in novels published around 9/11: Martel's Life of Pi, Eugenides' Middlesex, Coetzee's Disgrace, and Sebald's Austerlitz. De Boever's readings of the novels revolve around what he calls the 'aesthetic decision.' Which aesthetics do the characters and narrators in the novels adopt in a situation of crisis? How do these aesthetic decisions relate to the ethical and political decisions represented in the novels? What can they reveal about real-life ethical and political decisions? This book uncovers the politics of allegory, autobiography, focalization, and montage in today's planetary state of exception.
Category: Literary Criticism

States Of Exception In American History

Author : Gary Gerstle
ISBN : 022671232X
Genre : Crises
File Size : 74.26 MB
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"Americans take great pride in their respect for the rule of law and our Constitution. And yet too frequently specific legal rights and procedures protected by the Constitution have been suspended on the grounds of emergency, and we have tolerated the longer exclusion of groups such as African-Americans from the full protection of our laws and the Constitution. This collection of essays by leading historians and scholars of law and American history, explores what it means for a democracy to suspend the rule of law and how Americans both justify and dispute these suspensions. Too often they are treated as isolated events, ignoring larger patterns of exclusion from the rule of law, as well as the threat they pose to democracy. In this book the authors seek to weave together these stories to show what these suspensions tell us about the limits of American democracy"--
Category: Crises