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State of Exception

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.

Author : Giorgio Agamben

Release : 2008-07-18

Publisher : University of Chicago Press

ISBN : 0226009262

File Size : 20.44 MB

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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.

States of Exception in American History

In this book the authors seek to weave together these stories to show what these suspensions tell us about the limits of American democracy"--

Author : Gary Gerstle

Release : 2020

Publisher :

ISBN : 022671232X

File Size : 66.20 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"--

State of Exception

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.

Author : Elena Bellina

Release : 2009-03-26

Publisher : Cambridge Scholars Publishing

ISBN : 1443807478

File Size : 49.21 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.

States of Exception

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.

Author : Cosmin Cercel

Release : 2020-07-16

Publisher : Routledge

ISBN : 042966379X

File Size : 68.76 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.

The Exceptionalist State and the State of Exception

Merton Sealts in 1962:∑ why the American writer Herman Melville set his
meditation on the meaning ofthe state of exception as it pertains to America
aboard a British man-of-war. After all, the state ofexception, as Giorgio Agamben
has made ...

Author : William V. Spanos

Release : 2011-01-03

Publisher : JHU Press

ISBN : 0801899346

File Size : 75.15 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.

Emergency Powers

Das Problem des Ausnahmezustandes ist in den letzten zwei Jahrzehnten aktuell geworden im Zusammenhang mit Sicherheits-, Finanz- und Gesundheitskrisen.

Author : Jakub Jinek

Release : 2020-07-13

Publisher : Nomos Verlag

ISBN : 3845298618

File Size : 23.41 MB

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Das Problem des Ausnahmezustandes ist in den letzten zwei Jahrzehnten aktuell geworden im Zusammenhang mit Sicherheits-, Finanz- und Gesundheitskrisen. Diese Ereignisse stellen eine Herausforderung für die liberale Demokratie dar, da sie die politischen Vertreter an den Rand der Legalität bringen können und zumindest potenziell Verfahren zu legitimieren scheinen, die ansonsten in einer liberalen Demokratie fragwürdig wären. Einige Autoren haben sogar Bedenken geäußert, dass die Ausnahme allmählich zur neuen Normalität geworden ist und dass wir (fast ohne es zu bemerken) in einer permanenten Ausnahme leben. In Reaktion darauf haben Experten darüber nachgedacht, ob der Ausnahmezustand ein geeignetes Mittel zur Lösung von Krisen ist und ob es andere Modelle gibt, die im Hinblick auf das Interesse an der Wahrung der liberalen Demokratie angemessener sind. Das Ziel des Buches ist es, eine wissenschaftliche Reflexion des Ausnahmezustandes zu liefern und zusammenhängende Begriffe zu diskutieren. Mit Beiträgen von Vojtěch Belling, Otto Depenheuer, Josef Isensee, Jakub Jinek, Eckart Klein, Lukáš Kollert, Jan Kysela

States of Exception in the Contemporary Novel

that is saturated with the state of exception: both with the state of exception
defined in its narrow, legal and political sense—indeed, the Holocaust and the
camps are Giorgio Agamben's most important example of a state of exception in
Homo ...

Author : Arne De Boever

Release : 2012-03-08

Publisher : Bloomsbury Publishing USA

ISBN : 1441102485

File Size : 41.79 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.

International Relations and States of Exception

Introduction The tradition of the oppressed teaches us that the 'state of exception'
in which we live is the rule. We must arrive at a concept of history that
corresponds to this fact. Then we will have the production of a real state of
exception ...

Author : Shampa Biswas

Release : 2009-12-16

Publisher : Routledge

ISBN : 1135251819

File Size : 30.50 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.

The International Law of Human Rights and States of Exception

It is particularly worthy of note in this respect that, notwithstanding the terminology
used, such as force majeure, plea of emergency, state of emergency and self-
defence, the control organs of the ILO have displayed a singular reluctance to ...

Author : Anna-Lena Svensson-McCarthy

Release : 1998-07-28

Publisher : Martinus Nijhoff Publishers

ISBN : 9789041110213

File Size : 28.20 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.

Security As Politics

Using archival research and interviews with politicians, Andrew W. Neal investigates security politics from the 1980s to the present day to show how its meaning and practice have changed over time.

Author : Andrew W. Neal

Release : 2020-11-30

Publisher :

ISBN : 9781474450935

File Size : 29.69 MB

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Using archival research and interviews with politicians, Andrew W. Neal investigates security politics from the 1980s to the present day to show how its meaning and practice have changed over time. He develops an original reassessment of the security/politics relationship that directly challenges current debates in critical security studies.

Painting in a State of Exception

In 'Painting in a State of Exception', Patrick Frank's detailed cultural and scholarly analysis of the group's creations unfolds against the backdrop of Argentina at that time, as the artists responded directly and memorably to a chaotic ...

Author : Patrick Frank

Release : 2017

Publisher :

ISBN : 9780813051710

File Size : 37.21 MB

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The four artists who made up the New Figuration movement - Luis Felipe Noé, Jorge de la Vega, Rómulo Macció, and Ernesto Deira - have figured in every relevant textbook and international group show on Latin American modern art, but until now there has been no thorough study of them in English or Spanish. In 'Painting in a State of Exception', Patrick Frank's detailed cultural and scholarly analysis of the group's creations unfolds against the backdrop of Argentina at that time, as the artists responded directly and memorably to a chaotic period characterized by civil strife, government instability, and economic shocks, including currency fluctuations.

States of Emergency

By doing so, the book considers how techniques of sovereignty, law and violence are reconfigured in the colonial present.

Author : Stephen Morton

Release : 2013

Publisher : Liverpool University Press

ISBN : 1846318491

File Size : 85.16 MB

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States of Emergency examines how violent anticolonial struggles and the legal, military, and political techniques employed by colonial governments to contain them have been imagined in both literary and legal narratives. Through a series of case studies, Stephen Morton considers how colonial states of emergency have been defined and represented in the contexts of Ireland, India, South Africa, Algeria, Kenya, and Israel- Palestine, concluding with a compelling assessment of the continuities between colonial states of emergency and the war on terror in Iraq, Afghanistan, and Pakistan.

Reflections on Soccer, Sovereignty and the State of Exception

I begin by examining differing conceptions of sovereignty and the state of exception. I then highlight the fate of soccer under various states of exception.

Author :

Release : 2018

Publisher :

ISBN :

File Size : 24.60 MB

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Abstract : In this paper, I examine soccer, sovereignty and the state of exception. The paper is a pedagogical tool for undergraduate students in order for them to learn about sovereignty and the 'state of exception' through soccer, the world's most popular sport. I begin by examining differing conceptions of sovereignty and the state of exception. I then highlight the fate of soccer under various states of exception. I focus on Pinochet's Chile, but also provide examples from the Argentinean military junta, Nazi Germany and El-Sisi's Egypt. I then reflect about soccer, sovereignty, and the state of exception in relation to Fédération Internationale de Football Association . I offer concluding remarks about soccer and states of exception. I argue that states of exception are in theory opportunities for change because they expose the naked aggression of states, but in practice they represent a danger for soccer players, fans and democracy.

The Spirit of the Age

14 Agamben, Hegel, and the State of Exception Wendell Kisner INTRODUCTION
: THE STATE OF EXCEPTION Giorgio Agamben's recently published book State
of Exception1 takes as its explicit theme the 'state of exception' that had already ...

Author : Paul Ashton

Release : 2008

Publisher : re.press

ISBN : 0980666554

File Size : 50.14 MB

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Is it becoming more obvious today that the thinkers of the post-Hegelian era were/are not 'able to bear the greatness, the immensity of the claims made by the human spirit'? Is our era the era of the 'faint-hearted' philosophy? Celebrating 200 years since the publication of The Phenomenology of Spirit this volume addresses these questions through a renewed encounter with Hegel's thought.

The Constitution of Tyranny

His subject is so timely that no student of Latin American history and politics can afford to miss this important book. It will permanently change how we think about the other nations of the Western Hemisphere.

Author : Brian Loveman

Release : 1993

Publisher :

ISBN :

File Size : 68.98 MB

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"This first comprehensive study of the constitutional foundations of dictatorship and political repression in Spanish America reveals the historical roles of regimes of exception in impeding democratization and buttressing military participation in the region's politics. Brian Loveman concludes that constitutional provisions for regimes of exception such as state of siege, suspensions of civil liberties and rights, and military jurisdiction over civilians have been pervasive elements of Spanish American politics since the early nineteenth century - and continue to constrain democracy at the end of the twentieth." "Founded on nineteenth-century European antecedents and reflecting constitutional developments in both the Old World and the New, such provisions were repeatedly invoked to impose constitutional dictatorships from Independence to the present day. Whether in the fragmented, caudillo-dominated Rio de la Plata, or in more stable and conservative Chile, or in theocratic Ecuador under Garcia Moreno, or in "liberal" Mexico after 1857, Spanish American political leaders resorted to constitutional political repression to protect the "internal security of the state."" "Loveman systematically analyzes constitutional change in sixteen countries in Central America, South America, and the Caribbean to demonstrate how the military dictatorships and human rights violations of recent decades are linked to political developments in nineteenth-century Europe and the New World. His provocative thesis, based on extensive original research, highlights the enduring tension between liberty and order in Spanish America, the emergence of the armed forces as a major political force, and the legal bases for press censorship, political oppression, and state terrorism." "In the name of popular sovereignty and defense of order, governments sought to legitimize barbaric repression of adversaries, to justify slavery, slaughter, and mayhem. Constitutions were also useful in sanctifying intolerance. Formal acceptance of democracy belied refusal by incumbent governments to tolerate political opposition and effective exercise of civil rights and liberties." "Loveman concludes by predicting that the regime transitions that periodically sweep Spanish America will continue unless there is drastic change in the constitutional foundations of Latin American politics. His subject is so timely that no student of Latin American history and politics can afford to miss this important book. It will permanently change how we think about the other nations of the Western Hemisphere."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Agamben's Joyful Kafka

(SE, 5) In a similar fashion, Hitler declared a state of exception after the
Reichstag fire in Berlin in 1933 that lasted 12 years. This was also how Mubarak
could rule Egypt for 30 years and how the Bush government reacted on the attack
on the ...

Author : Anke Snoek

Release : 2012-10-11

Publisher : Bloomsbury Publishing USA

ISBN : 1441172491

File Size : 71.42 MB

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Both Giorgio Agamben and Franz Kafka are best known for their gloomy political worldview. A cautious study of Agamben's references on Kafka, however, reveals another dimension right at the intersection of their works: a complex and unorthodox theory of freedom. The inspiration emerges from Agamben's claims that 'it is a very poor reading of Kafka's works that sees in them only a summation of the anguish of a guilty man before the inscrutable power'. Virtually all of Kafka's stories leave us puzzled about what really happened. Was Josef K., who is butchered like a dog, defeated? And what about the meaningless but in his own way complete creature Odradek? Agamben's work sheds new light on these questions and arrives, through Kafka, at different strategies for freedom at the point where this freedom is most blatantly violated.

Political Technology and the Erosion of the Rule of Law

Normalizing the State of Exception Günter Frankenberg. Agamben also moves
the focus of attention to both the suspension of the constitution by the sovereign
and the legal relationship vis-à-vis the enemy. The sovereign, who according to ...

Author : Günter Frankenberg

Release : 2014-01-31

Publisher : Edward Elgar Publishing

ISBN : 1783472529

File Size : 62.5 MB

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This timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years.

The Culture of Exception

Agamben, G. (2003a) The State of Emergency', available on www.generation-
online. org/p/fpagam benschmitt.htm Agamben, G. (2003b) The State of
Exception', Lettre Internationale 1: 31-3. Agamben, G. (2004a) '"I Am Sure that
You Are ...

Author : Bulent Diken

Release : 2005-06-28

Publisher : Routledge

ISBN : 1134266456

File Size : 81.56 MB

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We live in an ever-fragmenting society, in which distinctions between culture and nature, biology and politics, law and transgression, mobility and immobility, reality and representation, seem to be disappearing. This book demonstrates the hidden logic beneath this process, which is also the logic of 'the camp'. Social theory has traditionally interpreted the camp as an anomaly, as an exceptional site situated on the margins of society, aiming to neutralize its 'failed citizens' and 'enemies'. However, in contemporary society, 'the camp' has now become the rule and consequently a new interrogation of its logic is necessary. In this exceptional volume, the authors explore the paradox of the camp, as representing both an old fear of enclosure and a new dream of belonging. They illustrate their arguments by drawing on contemporary sites of exemption - such as refugee camps, rape camps and favelas - as well as sites of self-exemption including gated communities, party tourism and celebrity cultures.

Emergency Politics

state. of. exception. For the word is mere inception until it finds reception in an ear
and response in a mouth. —Franz Rosenzweig When traveling through Italy,
Goethe observed a trial and took note of its peculiar timekeeping practices. A
man ...

Author : Bonnie Honig

Release : 2009-08-24

Publisher : Princeton University Press

ISBN : 1400830966

File Size : 89.72 MB

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This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities (food, security, and bare essentials) because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism. Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency.