Introduction

2020 ◽  
Vol 40 (2) ◽  
pp. 225-229
Author(s):  
Sarah Ghabrial
Keyword(s):  
Special Section ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Giorgio Agamben ◽  
Race Difference ◽  
Legal Traditions ◽  
Main Intervention

Abstract The main intervention of this special section is to identify and reposition race and colonial law as (conspicuously) absent referents in widely accepted genealogies of the state of exception—most notably, that of Giorgio Agamben—and to offer methodological pathways, based on historical and contemporary examples, of how colonial legal histories might be “written back” into this history. Collectively, these essays attempt to show how race thinking and exception each operate as the other's alibi: exception instantiating and substantiating race difference, and race difference justifying exception and ushering its expansion and normalization in steadily more realms of law and life. In so doing, this special section proposes at least three possible avenues of further inquiry, each of which builds on and into the other: First, by virtue of their geographic and temporal scope, these essays signal a way of approaching sovereignty and exception not as totalizing and synthetic, but rather as multivalent, recursive, and regenerative. Second, the designation of “partial personhood” or “disabled citizenship” is offered as a way of conceptually traversing trans-Mediterranean and trans-Atlantic historical experiences and legal traditions. Third, these essays signal the need for more sustained exploration at the nexus of law, labor, and violence.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

Filosofia, politica e società ai tempi della pandemia. Agamben e la «paranoia della ragione»

2021 ◽  
Vol 77 (2-3) ◽  
pp. 617-642
Author(s):  
Antonio Di Chiro
Keyword(s):  
Social Life ◽  
The Other ◽  
State Of Exception ◽  
Human Beings ◽  
Giorgio Agamben ◽  
Other Hand ◽  
Intimate Relations ◽  
To Come ◽  
The One

In this essay we will try to analyze the thought of the philosopher Giorgio Agamben on the pandemic. The aim of the work is twofold. On the one hand, we will try to demonstrate that Agamben’s positions on the pandemic are not to be understood as mere extemporaneous statements, but as integral parts of his philosophy. On the other hand, we will try to show how these positions are based on a deeply paranoid and anti-scientific vision, since Agamben believes that the effects of the epidemic have been exaggerated by the centers of power in order to create a “state of exception” that allows to crumble social life and to use the fear of poverty as a tool to dominate society. We will try to demonstrate that it is precisely starting from the critique of Agamben’s positions that it is possible to rethink a philosophy and a politic to come and a new reorganization of social and intimate relations between human beings.

The developmental history of solitary and supermax confinement: toward a phenomenology of the state of exception

2017 ◽  
Author(s):  
David Polizzi
Keyword(s):  
Supreme Court ◽  
The State ◽  
Political Order ◽  
State Of Exception ◽  
The Political ◽  
Developmental History ◽  
Giorgio Agamben ◽  
Attitudes And Behaviors ◽  
The Supreme Court ◽  
History Of

The phenomenology of solitary and supermax confinement reflects what Giorgio Agamben has defined as the state of exception. The state of exception is defined as the blurring of the legal and political order, which constructs a zone of indifference for those forced to endure this situation. This notion of the state of exception can be applied to the zone of indifference created by the Supreme Court, which seems unwilling to outlaw this harmful practice relative to 8th Amendment protections prohibiting cruel and unusual punishment and the political order which is all too inclined to continue use strategy. One of the central aspects of this “ecology of harm”, is the way in which the very structures of this type of confinement, helps to invite and legitimize abusive attitudes and behaviors in penitentiary staff.

SAYYIDA ZAYNAB IN THE STATE OF EXCEPTION: SHIʿI SAINTHOOD AS “QUALIFIED LIFE” IN CONTEMPORARY SYRIA

2012 ◽  
Vol 44 (2) ◽  
pp. 285-299 ◽  
Author(s):  
Edith Szanto
Keyword(s):  
Refugee Camp ◽  
The State ◽  
Concentration Camp ◽  
State Of Exception ◽  
Refugee Camps ◽  
Ritual Practice ◽  
Giorgio Agamben ◽  
Nazi Concentration Camp ◽  
Homo Sacer ◽  
The Law

AbstractAccording to Giorgio Agamben, a “state of exception” is established by the sovereign's decision to suspend the law, and the archetypical state of exception is the Nazi concentration camp. At the same time, Agamben notes that boundaries have become blurred since then, such that even spaces like refugee camps can be thought of as states of exception because they are both inside and outside the law. This article draws on the notion of the state of exception in order to examine the Syrian refugee campcumshrine town of Sayyida Zaynab as well as to analyze questions of religious authority, ritual practice, and pious devotion to Sayyida Zaynab. Though Sayyida Zaynab and many of her Twelver Shiʿi devotees resemble Agamben's figure ofhomo sacer, who marked the origin of the state of exception, they also defy Agamben's theory that humans necessarily become animal-like, leading nothing more than “bare lives” (orzoē) in states of exception.

scholarly journals Estado de exceção como regra: a vida nua sob o “eclipse político” em Giorgio Agamben / State of exception as a rule: the bare life under the "political eclipse" in Giorgio Agamben

Profanações ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 269
Author(s):  
Maria Do Socorro Catarina de Sousa Oliveira
Keyword(s):  
Social Order ◽  
The State ◽  
State Of Exception ◽  
Sovereign Power ◽  
Bare Life ◽  
Giorgio Agamben ◽  
Homo Sacer ◽  
The Social ◽  
Legal Security ◽  
Original Objective

Um dos temas de maior relevância abordado por Giorgio Agamben diz respeito ao estado de exceção como paradigma político, ou seja, o estado de exceção não se restringe aos Estados totalitários, mas a uma prática governamental que vem se propagando rapidamente, inclusive nas sociedades democráticas. Assim, o presente artigo tem como objetivo analisar, a partir de duas obras que compõem o Projeto Homo Sacer, a saber, Homo Sacer: o poder soberano e a vida nua I (2002), e Estado de Exceção: homo sacer II (2004), os principais elementos que formatam a teoria agambeniana do estado de exceção como paradigma de governo e como o delineamento de suas teses nos permite falar em “eclipse político”, o qual está concretizado na impotência do cidadão diante do poder soberano, a figura híbrida que tem a sua disposição não apenas a máquina governamental, mas o próprio ordenamento jurídico desvirtuado de seu objetivo original de proteção e segurança jurídica para um complexo e malicioso mecanismo de manutenção da “ordem social”. AbstractOne of the most relevant topics addressed by Giorgio Agamben is the state of exception as a political paradigm, that is, the state of exception is not restricted to totalitarian states, but to a government practice that is spreading rapidly, even in democratic societies. Thus, this article aims to analyze, from two works that make up the Homo Sacer Project, namely Homo Sacer: sovereign power and naked life I (2002), and State of Exception: homo sacer II (2004) ), the main elements that form the agambenian theory of the state of exception as a paradigm of government and how the delineation of its theses allows us to speak in "political eclipse", which is concretized in the impotence of the citizen before the sovereign power, the hybrid figure which has at its disposal not only the governmental machine, but the legal system itself distorted from its original objective of protection and legal security for a complex and malicious mechanism of maintenance of the "social order".

scholarly journals Exceção e vida nua: diálogos entre a literatura de Nassar e a de Sófocles / Exception and life nua: dialogues between the literature of Nassar and of Sophocles

Profanações ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 122
Author(s):  
Elijames Moraes dos Santos
Keyword(s):  
The State ◽  
State Of Exception ◽  
Bare Life ◽  
Giorgio Agamben ◽  
Homo Sacer ◽  
Relationship Of ◽  
The Relationship

Este artigo propõe analisar como as categorias do estado de exceção e da vida nua são dramatizados nos textos Antígona, de Sófocles, e Lavoura Arcaica, de Raduan Nassar. Para alcançar o objetivo estabelecido, consideramos os estudos sobre esses conceitos propostos no projeto Homo Sacer, de Giorgio Agamben (2007; 2014), entre outras fontes que respaldam este estudo. Seguindo a proposta agambeniana, enfatizamos a relação de soberania com o estado de exceção, culminando, muitas vezes na eliminação do vivente. Aspecto este que fica evidente no desenrolar das ações presentes em ambas as narrativas em análise.AbstractThis article proposes to analyze how the categories of the state of exception and bare life are dramatized in the texts Antigone, by Sophocles, and Ancient tillage¸ by Raduan Nassar. To reach the established objective, we consider the studies on these concepts proposed in the project Homo Sacer, by Giorgio Agamben (2007, 2014), among other sources that support this study. Following the Agambenian proposal, we emphasize the relationship of sovereignty with the state of exception, culminating, often in the elimination of the living. This aspect is evident in the unfolding of the actions present in both narratives under analysis.

Carnival of Exception: Gabriele D'Annunzio's “Dialogues with the Crowd”

2012 ◽  
Vol 30 (1) ◽  
pp. 74-93
Author(s):  
Natalia Skradol
Keyword(s):  
Political Rhetoric ◽  
The State ◽  
State Of Exception ◽  
Giorgio Agamben ◽  
The Town

The essay analyses several excerpts from Gabriele D'Annunzio's public speeches from the period of his reign in the town of Fiume as a self-appointed dictator. The concept of the “state of exception” as explored by Giorgio Agamben and Mikhail Bakhtin's notion of the carnival are applied to a reading of D'Annunzio's exercises in political rhetoric.

scholarly journals Exceção e estado de exceção no pensamento de Giorgio Agamben / Exception and state of exception in the thought of Giorgio Agamben

Profanações ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 48
Author(s):  
Ana Suelen Tossige Gomes
Keyword(s):  
The State ◽  
State Of Exception ◽  
Giorgio Agamben ◽  
Modus Operandi ◽  
Homo Sacer ◽  
Life Itself ◽  
Archaeological Method

Busca-se com o presente artigo discutir o método arqueológico desenvolvido por Giorgio Agamben em sua série Homo sacer, especialmente no tocante aos paradigmas, demonstrando como tal método se insere em seu projeto mais amplo de crítica à metafísica ocidental. Ainda, com base na noção de paradigma, pretende-se discutir os conceitos de exceção e de estado de exceção presentes na obra do filósofo italiano, abordando como estes se relacionam e como se diferenciam. Enquanto a exceção consiste em um dispositivo, isto é, um modus operandi mais amplo, o qual é capaz de articular duas realidades opostas, mas que inexistem sem essa articulação, o estado de exceção aparece, por sua vez, como um dos dispositivos, desvelados pela arqueologia agambeniana, cujo funcionamento se dá na forma da exceção: por meio da exclusão inclusiva da violência (e mais a fundo, da própria vida) no campo do direito.AbstractThis article aim to discuss the archaeological method developed by Giorgio Agamben in his Homo sacer series, especially with regard to paradigm concept, demonstrating how this method is part of his broader project of critical of Western metaphysics. Still, based on the notion of paradigm, it is intended to discuss the concepts of exception and state of exception present in the Agamben’s work, how these relate and differentiate themselves. While the exception consists of a dispositive, that is, a broader modus operandi, which is able to articulate two opposing realities, but which do not exist without this articulation, the state of exception appears, in its turn, as one of the dispositives unveiled by agambenian archeology, whose operation takes place in the form of the exception: by inclusive exclusion of violence (and, more deeply, of life itself) in the field of law.

scholarly journals Leveling the Unleveled? Syariah Advocates’ Struggle for Equality in Indonesian Legal Pluralism

2011 ◽  
Vol 49 (1) ◽  
pp. 87-117
Author(s):  
Ratno Lukito
Keyword(s):  
Islamic Law ◽  
Traditional Culture ◽  
Legal Pluralism ◽  
Legal Culture ◽  
The State ◽  
The Other ◽  
Educational Access ◽  
Double Burden ◽  
Muslim Society ◽  
Legal Traditions

One of the ongoing problems faced by many Syariah advocates in Indonesia is how they can maintain their important role in the practice of law in the midst of the domination of common advocates. They are always trapped in double burden in concern of their position. On one side, they are challenged with the long historical inequality of educational access between religious (Islamic) groups and secular groups, while on the other, they have to deal with the problem of being part of Muslim society with a legal culture where Islamic  law is commonly viewed as irreconcilable with secular legal traditions. This paper specifically discusses the role played by the Association of Indonesian Syariah Advocates (Asosiasi Pengacara Syariah Indonesia, APSI) in their struggle to assert equality between Syariah advocates and common advocates. It shows that although APSI has successfully attracted attention from the state and public in general, the interest shown by Syariah faculties remains even relatively low. Embedded traditional culture of studying Islamic law in many Syariah faculties seems to have influenced their attention towards APSI. Yet, with inclusive approaches in expanding the institution, APSI can attract many advocates, not only from Muslim law graduates but from those of non-Muslims as well.

Towards a Post-Hobbesian Political Community?

2015 ◽  
Vol 28 (1) ◽  
pp. 50-63
Author(s):  
Prozorov Sergei
Keyword(s):  
Continental Philosophy ◽  
The State ◽  
Political Community ◽  
State Of Exception ◽  
Giorgio Agamben ◽  
Human Community ◽  
Complex Relation ◽  
State Of Nature ◽  
Negative State ◽  
Fundamental State

The article addresses the attempts of contemporary continental philosophy to develop a politics that would move beyond the Hobbesian logic of the constitution of political community. In their readings of Hobbes, Roberto Esposito and Giorgio Agamben emphasize the nihilistic character of Hobbes’s approach to community. For Esposito, Hobbes’s commonwealth is legitimized by a prior negation of the originary human community in the construction of the state of nature as the state of war. Yet, as Agamben shows, this negative state of nature is never fully transcended by the commonwealth, which persistently reproduces it in the state of exception. These critiques emphasize the complex relation between nature and artifice in Hobbes’s thought, which have profound implications for the attempts to arrive at a ‘post-Hobbesian’ mode of political community. Neither a facile search for a truer, more fundamental state of nature nor an affirmation of artifice and denaturation as constitutive of human community are sufficient to evade the Hobbesian constellation. A genuine move beyond Hobbes would rather consist in thoroughly deactivating the very relation between nature and artifice whereby they become indistinct and no longer negate each other.

Sign in / Sign up

Export Citation Format

Share Document