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Publié par | Everest Media LLC |
Date de parution | 26 mai 2022 |
Nombre de lectures | 0 |
EAN13 | 9798822522770 |
Langue | English |
Poids de l'ouvrage | 1 Mo |
Informations légales : prix de location à la page 0,0150€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.
Extrait
Insights on Giorgio Agamben's Homo Sacer
Contents Insights from Chapter 1 Insights from Chapter 2 Insights from Chapter 3 Insights from Chapter 4 Insights from Chapter 5 Insights from Chapter 6 Insights from Chapter 7 Insights from Chapter 8 Insights from Chapter 9 Insights from Chapter 10 Insights from Chapter 11 Insights from Chapter 12 Insights from Chapter 13 Insights from Chapter 14
Insights from Chapter 1
#1
The paradox of sovereignty is that the sovereign is, at the same time, outside and inside the juridical order. If the sovereign is the one who grants the power to proclaim a state of exception, then he stands outside the juridical order, but he belongs to it because it is up to him to decide if the constitution is to be suspended in its entirety.
#2
The exception is what cannot be subsumed. It defies general codification, but it simultaneously reveals a specifically juridical for mal element: the decision in absolute purity. The exception appears in its absolute form when it is a question of creating a situation in which juridical rules can be valid.
#3
The exception is an element of law that transcends positive law in the form of its suspension. What is excluded from the general rule is an individual case, but the most proper characteristic of the exception is that what is excluded in it is not absolutely without relation to the rule.
#4
The structure of the juridico-political order is that of an inclusion of what is simultaneously pushed outside it. The exception defines the structure of sovereignty by allowing what is outside to be included through an interdiction, and in this way, the system constitutes itself as an exterior to itself.
#5
The state of exception is the fundamental political structure in our age, and it is beginning to become the rule. The camp is the space that corresponds to the originary formal structure of the juridical relation, and it is unlocalizable.
#6
The validity of a juridical rule does not depend on its application to the individual case. On the contrary, the rule must be valid independent of the individual case. The law presupposes the nonjuridical as that with which it maintains itself in a potential relation in the state of exception.
#7
The exception is situated in a symmetrical position with respect to the example, with which it forms a system. The exception is included in the normal case because it does not belong to it, while the example is excluded from the set because it belongs to it.
#8
The exceptio is a Roman court law instrument that allows the defendant to defend against a judgment, and it functions to neutralize the conclusiveness of the plaintiff's grounds. It is not absolutely outside the law, but rather shows a contrast between two juridical demands.
#9
Set theory distinguishes between membership and inclusion. A term is included when it is a part of a set, and one writes it as a subset of a. But a term may be a member of a set without being included in it. The exception is what cannot be included in any way.
#10
The law is not a command and a prohibition, but rather a rule that creates the sphere of its own reference in real life and makes that reference regular. The rule both stabilizes and presupposes the conditions for this reference.