State of Exception

State of Exception
Author: Giorgio Agamben
Publisher: University of Chicago Press
Total Pages: 108
Release: 2008-07-18
Genre: Philosophy
ISBN: 0226009262

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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

States of Exception in American History
Author: Gary Gerstle
Publisher: University of Chicago Press
Total Pages: 375
Release: 2020-10-19
Genre: History
ISBN: 022671232X

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States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.

American Exception

American Exception
Author: Aaron Good
Publisher: Simon and Schuster
Total Pages: 460
Release: 2022-06-21
Genre: Political Science
ISBN: 1510769145

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American Exception seeks to explain the breakdown of US democracy. In particular, how we can understand the uncanny continuity of American foreign policy, the breakdown of the rule of law, and the extreme concentration of wealth and power into an overworld of the corporate rich. To trace the evolution of the American state, the author takes a deep politics approach, shedding light on those political practices that are typically repressed in “mainstream” discourse. In its long history before World War II, the US had a deep political system—a system of governance in which decision-making and enforcement were carried out within—and outside of—public institutions. It was a system that always included some degree of secretive collusion and law-breaking. After World War II, US elites decided to pursue global dominance over the international capitalist system. Setting aside the liberal rhetoric, this project was pursued in a manner that was by and large imperialistic rather than progressive. To administer this covert empire, US elites created a massive national security state characterized by unprecedented levels of secrecy and lawlessness. The “Global Communist Conspiracy” provided a pretext for exceptionism—an endless “exception” to the rule of law. What gradually emerged after World War II was a tripartite state system of governance. The open democratic state and the authoritarian security state were both increasingly dominated by an American deep state. The term deep state was badly misappropriated during the Trump era. In the simplest sense, it herein refers to all those institutions that collectively exercise undemocratic power over state and society. To trace how we arrived at this point, American Exception explores various deep state institutions and history-making interventions. Key institutions involve the relationships between the overworld of the corporate rich, the underworld of organized crime, and the national security actors that mediate between them. History-making interventions include the toppling of foreign governments, the launching of aggressive wars, and the political assassinations of the 1960s. The book concludes by assessing the prospects for a revival of US democracy.

States of Exception

States of Exception
Author: Cosmin Cercel
Publisher: Routledge
Total Pages: 218
Release: 2022-02-24
Genre:
ISBN: 9780367529062

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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.

Liberal Disorder, States of Exception, and Populist Politics

Liberal Disorder, States of Exception, and Populist Politics
Author: Valur Ingimundarson
Publisher: Routledge
Total Pages: 330
Release: 2020-12-20
Genre: Political Science
ISBN: 1000294080

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Liberal democracy is in trouble. This volume considers the crosscutting causes and manifestations of the current crisis facing the liberal order. Over the last decade, liberal democracy has come under mounting pressure in many unanticipated ways. In response to seemingly endless crisis conditions, governments have turned with alarming frequency to extraordinary emergency powers derogating the rule of law and democratic processes. The shifting interconnections between new technologies and public power have raised questions about threats posed to democratic values and norms. Finally, the liberal order has been challenged by authoritarian and populist forces promoting anti- pluralist agendas. Adopting a synoptic perspective that puts liberal disorder at the center of its investigation, this book uses multiple sources to build a common historical and conceptual framework for understanding major contemporary political currents. The contributions weave together historical studies and conceptual analyses of states of exception, emergency powers, and their links with technological innovations, as well as the tension-ridden relationship between populism and democracy and its theoretical, ideological, and practical implications. The book will be of interest to scholars and students of a number of disciplines in the humanities and social sciences: history, political science, philosophy, constitutional and international law, sociology, cultural studies, anthropology, and economics.

The International Law of Human Rights and States of Exception

The International Law of Human Rights and States of Exception
Author: Anna-Lena Svensson-McCarthy
Publisher: BRILL
Total Pages: 808
Release: 2021-09-27
Genre: Law
ISBN: 9004479317

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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.

Politics, Metaphysics, and Death

Politics, Metaphysics, and Death
Author: Andrew Norris
Publisher: Duke University Press
Total Pages: 321
Release: 2005-07-11
Genre: Philosophy
ISBN: 0822386739

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The Italian philosopher Giorgio Agamben is having an increasingly significant impact on Anglo-American political theory. His most prominent intervention to date is the powerful reassessment of sovereignty and the politics of life and death laid out in his multivolume Homo Sacer project. Agamben argues that in both the modern world and the ancient, politics inevitably involves a sovereign decision that bans some individuals from the political and human communities. For Agamben, the Nazi concentration camps—in which some inmates are reduced to a form of living death—are not a political aberration but instead the place where this essential political decision about life most clearly reveals itself. Engaging specifically with Homo Sacer, the essays in this collection draw out and contend with the wide-ranging implications of Agamben’s radical and controversial interpretation of modern political life. The contributors analyze Agamben’s thought from the perspectives of political theory, philosophy, jurisprudence, and the history of law. They consider his work not only in relation to that of his major interlocutors—Hannah Arendt, Michel Foucault, Carl Schmitt, Walter Benjamin, and Martin Heidegger—but also in relation to the thought of Plato, Pindar, Heraclitus, Descartes, Kafka, Bataille, and Derrida. The essayists’ approaches are varied, as are their ultimate evaluations of the cogency and accuracy of Agamben’s arguments. This volume also includes an original essay by Agamben in which he considers the relation of Benjamin’s “Critique of Violence” to Schmitt’s Political Theology. Politics, Metaphysics, and Death is a necessary, multifaceted exposition and evaluation of the thought of one of today’s most important political theorists. Contributors: Giorgio Agamben, Andrew Benjamin, Peter Fitzpatrick, Anselm Haverkamp, Paul Hegarty, Andreas Kalyvas, Rainer Maria Kiesow , Catherine Mills, Andrew Norris, Adam Thurschwell, Erik Vogt, Thomas Carl Wall

The Culture of Exception

The Culture of Exception
Author: Bulent Diken
Publisher: Routledge
Total Pages: 228
Release: 2005-06-28
Genre: Social Science
ISBN: 1134266456

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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.

States of Exception in the Contemporary Novel

States of Exception in the Contemporary Novel
Author: Arne De Boever
Publisher: Bloomsbury Publishing USA
Total Pages: 198
Release: 2012-03-08
Genre: Literary Criticism
ISBN: 1441181733

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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.

Enclaves of Exception

Enclaves of Exception
Author: Omolade Adunbi
Publisher: Indiana University Press
Total Pages: 252
Release: 2022-05-10
Genre: Business & Economics
ISBN: 0253059569

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How do we measure and truly grasp the sweeping social and environmental effects of an oil-based economy? Focusing on the special economic zones resulting from China's trading partnership with Nigeria, Enclaves of Exception offers a new approach to exploring the relationship between oil and technologies of extraction and their interrelatedness to local livelihoods and environmental practices. In this groundbreaking work, Omolade Adunbi argues that even though the exploitation of oil resources is dominated by big corporations, it establishes opportunities for many former Nigerian insurgents and their local communities to contest the ownership of such resources in the oil-rich Niger Delta and to extract oil themselves and sell it. Based on extensive ethnographic fieldwork, Enclaves of Exception makes clear that, although both the free trade zones and the now booming local artisanal refineries share the goals of profit-making and are enthusiastically supported by those benefiting from them economically, they have yielded dramatically the same environmental outcome for communities around them that included pollution with precarious effects on the health of the populations in the regions, and displacement of population from their livelihood practices.