eBook - ePub

Law and the Exception

Name: Law and the Exception
ISBN: 9781040438398

Towards a New Paradigm

Gian-Giacomo Fusco,

Przemysław Tacik,

English
ePUB (mobile friendly)
Available on iOS & Android

eBook - ePub

Law and the Exception

Towards a New Paradigm

Gian-Giacomo Fusco,

Przemysław Tacik,

About this book

This book proposes a paradigm shift in the way that 'the state of exception'–as it is usually named in legal and political theory–is to be understood. Building on the assumption that the exception is a heuristic idea that is still a relevant category for a critical deconstruction of law, this book argues that it needs to be rethought outside the boundaries of its traditional understanding. To this end, the book offers two strategies. First, it develops the ideas of 'exceptionality' and 'exceptionalisation' in order to grasp how measures, norms and mechanisms that clearly have an exceptional character are no longer confined within the boundaries of classic institutions such as the state of exception, martial law, the state of emergency and so on. As demonstrated recently during the COVID-19 pandemic, legal systems may dissimulate the exceptional as the normal, avoiding the use of formal states of exception and adopting measures that are of exceptional nature. This book maintains that it is necessary to think of 'exceptionality' outside of its usual legal footholds. Emergency laws are considered here as part of a more general sphere of exceptionality that must be understood as the product of a process of the accumulation of symbols, practices, notions and images that are only partially expressed through law, despite having long populated the legal imagination. Second, the book offers an analysis of the inner exceptional life of liberal constitutionalism: the subterranean authoritarian drives dissimulated by the rule of law.

This book will interest scholars and researchers in legal and political theory, as well as continental philosophy.

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Yes, you can access Law and the Exception by Gian-Giacomo Fusco,Przemysław Tacik in PDF and/or ePUB format, as well as other popular books in Law & Political History & Theory. We have over one million books available in our catalogue for you to explore.