Undocumented Migrants As Homo Sacer: Cases From Botswana and South Africa

2020 ◽  
pp. 002190962094634
Author(s):  
France Maphosa ◽  
Christopher Ntau
Keyword(s):  
South Africa ◽  
The State ◽  
Roman Law ◽  
State Of Exception ◽  
Undocumented Migrants ◽  
Homo Sacer ◽  
The Media ◽  
The Law

The concept of homo sacer originates from ancient Roman law under which an individual who committed a certain kind of crime was excluded from society and all his/her rights as a citizen were revoked. This paper uses a few selected cases reported in the media of Botswana and South Africa to demonstrate why undocumented migrants in the two countries fit Agamben’s description of homo sacer. While migrants in general, whether documented or undocumented, are targets of violence, exploitation and discrimination in these countries, undocumented migrants are particularly vulnerable because of their ‘illegal’ status. Although violence against undocumented migrants is not formally endorsed by the state, their description as a problem or a threat to society places them in a state of exception which is virtually outside the protection of the law.

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.

Introduction

2020 ◽  
pp. 1-20
Author(s):  
Conor McCarthy
Keyword(s):  
State Power ◽  
The State ◽  
State Of Exception ◽  
Homo Sacer ◽  
The Social ◽  
Historical Phenomenon ◽  
The Law ◽  
Two Bodies

While exclusion from law is often assumed to be an historical phenomenon, the discussion here argues that it is an enduring and important tactic of state power. Such exclusion can occur in two directions – exclusion above the law (as where the state licenses itself or its agents to act with impunity) or exclusion below the law (as where the state excludes an individual or group from the law's protection). This book concerns itself with both, and in doing so, offers readings from two bodies of literature in English not normally read in tandem – the literature of outlawry, and the literature of espionage. This Introduction briefly surveys some influential previous work in this area – in particular Eric Hobsbawm’s notion of the ‘social bandit’ and Giorgio Agamben’s idea of the homo sacer and his related study of the ‘state of exception’ – and sets out the argument to follow.

scholarly journals Illogicality and Roman Law

1972 ◽  
Vol 7 (1) ◽  
pp. 14-24 ◽  
Author(s):  
Alan Watson
Keyword(s):  
South Africa ◽  
International Law ◽  
Western Europe ◽  
Outer Space ◽  
Roman Law ◽  
Modern World ◽  
Legal Systems ◽  
The Moon ◽  
Age Of Reason ◽  
The Law

It is a commonplace that Rome's greatest contribution to the modern world is its law. Whether this is strictly true or not, Roman law is certainly the basis of the law of Western Europe (with the exception of England and Scandinavia), of much of Africa including South Africa, Ethiopia and in general the former colonies of countries in continental Europe, of Quebec and Louisiana, of Japan and Ceylon and so on. Perhaps even more important for the future is that International law is very largely modelled, by analogy, on Roman law. Just think of the perfectly serious arguments of a few years ago as to whether outer space (including the moon and planets) were res nullius or res communes and whether they were, or were not, susceptible of acquisition by occupatio. This persistence of Roman law has had undesirable consequences. First, Roman law as an academic subject has got into the hands of lawyers whose love of technicalities has frightened off classical scholars who tend not to use the legal sources. Secondly, scholars of antiquity, since Roman law is left well alone, have also been reluctant to look at other ancient legal systems. So have lawyers since these other systems have no ‘practical” value. Thirdly, following upon these but worse still, the usefulness of Roman law for later ages, coupled with its enforced isolation from other systems of antiquity, has often led to an exaggerated respect for it, and to its being regarded as well-nigh perfect, immutable, fit for all people. Many in “the Age of Reason” were ready to regard Roman law as “the Law of Reason”.

Opposition weakness will help Polish ruling coalition

2021 ◽  
Keyword(s):  
The State ◽  
Independent State ◽  
Content Type ◽  
State Institutions ◽  
Party Control ◽  
State Of The Economy ◽  
The Media ◽  
The Law ◽  
Law And Justice

Significance At the beginning of 2021, the ZP coalition of the Law and Justice (PiS), Accord and United Poland (SP) parties is stable, but not as strong as it has been in previous years. This weakening in the PiS-led government’s condition is due to many factors, among which the coronavirus pandemic is one of the most important. Impacts The process will continue of subordinating any independent state institutions still left to party control. PiS will take further, similar steps regarding the media, academia and NGOs. After months of pandemic lockdown, the state of the economy is stable if not ideal, and will not lead to early elections.

Constitutional Rights and Social Welfare: Exploring Claims-Making Practices in Post-Apartheid South Africa

2020 ◽  
Vol 53 (1) ◽  
pp. 25-48
Author(s):  
Whitney K. Taylor
Keyword(s):  
South Africa ◽  
Social Welfare ◽  
Neighborhood Context ◽  
The State ◽  
Constitutional Rights ◽  
The Law ◽  
Material Conditions ◽  
Do So ◽  
The Way

When do individuals choose to advance legal claims to social welfare goods? To explore this question, I turn to the case of South Africa, where, despite the adoption of a "transformative" constitution in 1996, access to social welfare goods remains sorely lacking. Drawing on an original 551-person survey, I examine patterns of legal claims-making, focusing on beliefs individuals hold about the law, rights, and the state, and how those beliefs relate to decisions about whether and how to make claims. I find striking differences between the factors that influence when people say they should file a legal claim and when they actually do so. The way that individuals interpret their own material conditions and neighborhood context are important, yet under-acknowledged, factors for explaining claims-making.

On the question about opposition to the information component aggression of the Russian Federation

2021 ◽  
pp. 59-63
Author(s):  
O. Vasylchenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
State Committee ◽  
The State ◽  
Political Rights ◽  
The Media ◽  
The Russian Federation ◽  
The Law

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).

‘I Am the Law’: District Commissioner Fiction and the State of Exception

2019 ◽  
pp. 26-53
Author(s):  
Katherine Isobel Baxter
Keyword(s):  
Nineteenth Century ◽  
The State ◽  
State Of Exception ◽  
The Law ◽  
Indirect Rule ◽  
District Commissioner

Chapter Two identifies and anatomizes an important subgenre in the adventure tradition in literature: District Commissioner fiction. This subgenre is significant because, while in the nineteenth century the colonial hero was typically represented as a buccaneer outside the law, District Commissioner fiction repositions the hero within and as the law. Edgar Wallace’s Sanders of the River series is read alongside works by Arthur E. Southon in relation to theories of the state of exception, to demonstrate how the District Commissioner and the policy of indirect rule that he represents are figured exceptionally, standing outside the law as the force of law.

Pirates of Silicon Valley: State of exception and dispossession in Web 2.0

First Monday ◽  
2010 ◽  
Author(s):  
Peter Jakobsson ◽  
Fredrik Stiernstedt
Keyword(s):  
Web 2.0 ◽  
Silicon Valley ◽  
The State ◽  
State Of Exception ◽  
Primitive Accumulation ◽  
Free Labor ◽  
Capitalist Economy ◽  
The Law ◽  
Cultural Commons ◽  
Informational Economy

This paper investigates a paradox in the reception of Web 2.0. While some of its services are seen as creators of a new informational economy and are hence publicly legitimized, other features are increasingly under surveillance and policed, although in reality the differences between these services is far from obvious. Our thesis is that we are currently experiencing a temporary postponement of the law, in the context of Web 2.0. Agamben’s work on the state of exception is here used to theorize the informational economy as an ongoing dispossession, under the guise of ‘networked production’. This dispossession is seen as a parallel to the concept of ‘primitive accumulation’, as a means of moving things from the exterior to the interior of the capitalist economy. This theory lets us problematize the concept of free labor, the metaphor of the enclosure, and puts into question the dichotomy between copyright and cultural commons.

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".

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