Week 7: State of Exception and Legal Traditions

State of exception and the Banality of Exception/Emergency

False (B)

<p>Benjamin sees the state of exception not as an exception but as a regular occurrence, a reflection of the existing power structures and historical patterns of oppression.</p> Signup and view all the answers

<p>It involves acts of legalized illegality. (D)</p> Signup and view all the answers

<p>A space where the distinction between law and lawlessness collapses, resulting in a blurring of legal categories and a lack of clear legal authority.</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Hussain criticizes the common binary thinking that distinguishes between ordinary law and lawlessness, arguing that it is overly simplistic and fails to capture the nuanced reality of how law is used within spaces like Guantánamo, where legal norms are repurposed to sustain the state of exception.</p> Signup and view all the answers

<p>The essay argues that the dominant understandings of the state of exception, particularly those of Carl Schmitt and Giorgio Agamben, are overly abstract and fail to account for the complex bureaucracy and governance that shape spaces like Guantanamo.</p> Signup and view all the answers

A moment of extreme crisis or threat to the legal and political order, where ordinary laws are suspended to restore or maintain control.

Practices, discourses, and institutions designed to address injustices, promote reconciliation, and rebuild society after major political transitions, like regime change or conflict.

The idea that law is not absolute but can be suspended, manipulated, or transcended in moments of crisis by the sovereign authority.

Instances where the law itself authorizes its own suspension or allows for exceptions to its rules in exceptional circumstances.

A state of ambiguity where the distinction between law and lawlessness becomes unclear, creating a space where legal and illegal actions blend.

The sovereign power has the ultimate authority to decide on the exception, to suspend or override ordinary laws in moments of crisis.

The notion that the exception itself is not a deviation from the norm, but rather the rule, a constant element in the functioning of power.

The tendency to view collective violence, like pogroms, as spontaneous events driven by individual actors, rather than organized and planned actions.

The notion that perpetrators of violence often take pleasure in their acts, demonstrating a conscious and organized execution, not a spontaneous outburst.

The idea that when violence is seen as a singular outburst, it reinforces the categories of 'majority' and 'minority', without understanding its historical and societal context.

The concept of actively analyzing and reconstructing the social dynamics that contribute to the creation and normalization of violence, focusing on the everyday interactions and institutions that shape its course.

The difficulty of witnessing and testifying to violence, highlighting the limitations of legal systems and the complex experiences of victims.

The process of reframing and re-interpreting acts of violence, going beyond a sole focus on a single event and incorporating the broader social, historical, and personal narratives.

The tendency to view sexual violence as a singular act of “rape,” neglecting the diverse forms of sexual violence and the social circumstances that influence their occurrence.

The practice of exaggerating sexual violence to fit predetermined legal categories, which can downplay the severity of certain forms of violence and limit redress for victims.

The use of human shields as a tactic in conflict, utilizing civilians to deter attacks and create a moral dilemma for the attacking force.

The notion that the human right to defend oneself or protect its citizens gives the state the power to kill, even if it results in civilian casualties.

The concept of human rights serving as a tool to legitimize and rationalize dominant power structures, often used by states to justify violence and maintain control.

The idea that human rights are flexible and can be manipulated to suit different political agendas, often creating a narrative of moral superiority for those in power.

The overreliance on individual victims and perpetrators in transitional justice frameworks, neglecting the systemic factors and institutional structures that contribute to violence.

The tendency of transitional justice to favor a reconciliation model of justice, with the aim of restoring social order with the dominant group dictating terms, instead of seeking radical transformations in power structures.

The assumption of a progressive trajectory in the transition from authoritarianism to democracy, often neglecting the complexity of societies and the possibility of alternative forms of political organization.

The tendency to focus on the historical event of war and violence, often neglecting the prewar institutional contexts and systemic practices that contributed to the violence.

The use of human rights and international law by states to legitimize and justify military actions, often framing themselves as morally superior actors while overlooking their own shortcomings.

The hierarchy of victimhood that creates a system where certain groups are deemed deserving of greater recognition and support, often privileging victims of powerful state actors.

The process of making people confessional subjects through the act of confessing to atrocities and seeking forgiveness, often employed as a means to restore trust in post-conflict societies.

The notion that violence is a symptom of a social disease that needs to be addressed through collective action and transformative change, not just individual punishment.

The act of creating spaces and institutions that preserve memories of violence, serving as a reminder of the past and as a platform for dialogue and reconciliation.

The use of law, truth commissions, and other institutions to uncover and document historical injustices, revealing the truth about past atrocities.

The process of integrating the experiences of violence into collective memory, fostering dialogue, understanding, and forgiveness, aiming to move towards a shared future.