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Week 7: State of Exception and Legal Traditions

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Week 7: State of Exception and Legal Traditions

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Questions and Answers

What are the main themes of the week in the content provided?

State of exception and the Banality of Exception/Emergency

According to Carl Schmitt, who decides on the exception?

The court

The sovereign (correct)

The people

The legislature

Giorgio Agamben claims that state of exception involves a complete absence of law?

False

What does Walter Benjamin's perspective on the state of exception suggest about its relationship to the norm?

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. Signup and view all the answers

What does the 'ParadoX of Legality' imply about the state of exception?

It involves acts of legalized illegality. Signup and view all the answers

What is the 'Zone of Indistinction' as defined by Agamben?

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

According to Nasser Hussain, Guantánamo is entirely lawless?

False Signup and view all the answers

What is Hussain's main critique of the dominant understandings of the state of exception?

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. Signup and view all the answers

What is the main argument of the "Beyond Norm and Exception: Guantánamo" essay?

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. Signup and view all the answers

Study Notes

Keywords/Themes

White paranoia
Homophobia
Frantz Fanon's recitation of racist interpellation
Judicial violence
Killing twice
Racist interpellation (forecasting accusation)

Week 7: Banality of Exception/Emergency

State of Exception: Extraordinary measures in response to disasters (natural or human-made) that threaten order, a state of alertness, the unknown and uncertainties, the state's claim to protect and preserve sovereignty. Ordinary laws are suspended to restore the legal order, which can blur the line between legality and illegality.
Legal Traditions: Different legal traditions approach exceptions or emergencies differently
- Executive decrees
- Institutional kayyımlık
- Appointment from above
- Removal or detention without charge
- Suspension of rights (treason suspicion)
- Enabling state maneuverability
SoE and Legality: The state of exception can reveal flaws in the legal system,
- Law’s fragility: Laws can be suspended or manipulated in extraordinary circumstances
- Paradox of legality: Legalizing illegality
- Zone of Indistinction: Blurring the boundary between law and lawlessness
Sovereignty and Law/Politics: How the state of exception impacts the relationship between law, politics, and sovereignty power.

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Description

Explore the concept of the state of exception and its implications for legal systems in times of crisis. This quiz covers themes such as legal fragility, emergency powers, and the interplay between legality and illegality. Delve into how different legal traditions navigate extraordinary circumstances and the impact on civil rights.