Week 7: State of Exception and Emergency

Composing violence instead of exposing it. Unpacking and reconstructing the judicial scene to understand the normalization of violence in the 2002 Gujarat pogroms.

To denounce the "order of barbarity" established by the Nazi regime and hold Nazi criminals accountable for their actions.

<p>The Nuremberg Trial focused on the objective documentation of the Nazi regime's crimes, showcasing the horrors of the Holocaust and other atrocities, while the Eichmann Trial heavily relied on emotionally charged testimonies from survivors and victims of the Nazi regime. The author, Hannah Arendt, points out the performativity of the Eichmann Trial, accusing Israeli prosecutors of seeking to use the trial to establish a narrative of Israeli national identity and victimhood.</p> Signup and view all the answers

<p>The state is simultaneously both the primary violator and protector of human rights.</p> Signup and view all the answers

<p>All of the above.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>The major themes include the state of exception, different legal traditions of exception, the fragility of law, the paradox of legality, the zone of indistinction, and the relationship between law and politics.</p> Signup and view all the answers

<p>It refers to a situation where ordinary laws are suspended to address a perceived threat to the state's security or order. This often involves the use of extraordinary policies and measures.</p> Signup and view all the answers

<p>The state of exception highlights the fact that law isn't an absolute structure and can be manipulated, transcended, or suspended under extraordinary circumstances.</p> Signup and view all the answers

<p>The state can use the legal framework to justify its own suspension, creating a scenario where law authorizes its own exclusion. This is considered legalized illegality.</p> Signup and view all the answers

<p>It refers to a situation where the difference between law and lawlessness becomes blurred or even disappears. When the state of exception is in force, it often creates a space where the distinction between legal and illegal actions becomes increasingly ambiguous.</p> Signup and view all the answers

<p>Mansoor's memoir reveals that the state of exception doesn't simply end when the official crisis is over. It leaves a lasting impact on individuals and societies. He highlights how the stigma and surveillance associated with his detention continue long after his formal release, blurring the lines between the exceptional and the normal.</p> Signup and view all the answers

<p>The article argues that Guantanamo Bay is not a space devoid of law, but rather a space where legal frameworks are continuously manipulated and reinterpreted to legitimize practices such as indefinite detention and enhanced interrogation. The author, Nasser Hussain, critiques the simplistic binary view of the state of exception as a clear break between &quot;normal law&quot; and &quot;lawlessness&quot;, suggesting that Guantanamo exemplifies a space where legal structures are intricately woven with bureaucratic practices to create and sustain the exceptional.</p> Signup and view all the answers

<p>The author, Nasser Hussain, critiques the dominant theoretical frameworks of the state of exception, particularly those of Schmitt and Agamben, for being overly abstract and binary. He argues that these frameworks focus too much on the suspension of law and the absolute sovereign decision, ignoring the complex interactions between legal structures, bureaucratic processes, and governance that shape spaces like Guantanamo Bay.</p> Signup and view all the answers

<p>Transitional justice refers to a set of practices, discourses, and institutions aimed at pursuing justice, peacemaking, conflict resolution, truth-making, reconciliation, and social transformation in the context of significant political or regime change. It involves a variety of legal and quasi-legal mechanisms.</p> Signup and view all the answers

<p>Criminal Trials, Truth Commissions, Reparations, Discourses, Practices</p> Signup and view all the answers

<p>The Nuremberg Trials focused primarily on the war crimes committed by the Nazi regime, neglecting to address the systemic racism and segregation laws that existed before the war. The article argues that this approach limits the understanding of the Nazi regime by only focusing on the act of war, rather than exploring the deeper structures of Nazi ideology and its pervasive impact on German society.</p> Signup and view all the answers

<p>The Eichmann Trial sought to hold Adolf Eichmann accountable for his role in the Holocaust. However, the author, Hannah Arendt, argues that the trial also aimed to solidify a narrative of Israeli nationalism, relying heavily on the testimonies of survivors and victims to create a culture of victimhood within Israel.</p> Signup and view all the answers