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.

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.

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".

scholarly journals A Tensão entre Constitucionalismo e Exceção: a Ordem Estatal sobreposta aos Direitos Fundamentais / The Tension between Constitutionalism and Exception: when the State Order Prevails over Fundamental Rights

2017 ◽  
Author(s):  
Henrique Smidt Simon
Keyword(s):  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
Political Life ◽  
State Of Exception ◽  
Constitutional Rights ◽  
Brazilian State ◽  
The Law ◽  
The Government ◽  
Legal Strategies

Resumo: Cada vez mais o poder público limita direitos e aumenta a repressão, sem corrigir as falhas que levam ao conflito. Isso indica o uso do direito como garantidor de ordem, não de liberdade. O intento deste artigo é mostrar, discutindo as noções de estado e constituição, o conflito entre liberdade e ordem e como o direito serve para proteger a primeira. Assim, relaciona-se a legalidade no estado contemporâneo com a limitação do poder. Faz-se, então, a relação com a ideia de nação e a prevalência da vontade do estado. Após, trabalha-se o estado de exceção e como a ordem e a coerção estatal são postas acima dos direitos e garantias constitucionais. A prevalência da ordem sobre a proteção constitucional pode ser vista nas manifestações de junho de 2013; nos rolezinhos e na situação do presídio de Pedrinhas, exemplos da lógica do estado de exceção incorporada à vida política brasileira, o que responde à discussão teórica que os antecede. Ademais, o estado brasileiro aumenta seu poder de repressão com estratégias jurídicas que diminuem seus limites ou seu controle. O texto defende a necessidade de retomar as lógicas da legalidade e do constitucionalismo para combater a naturalização do estado de exceção. Abstract: Nowadays is getting usual for the government to limit rights and expand its capacity of repression without correcting the flaws that cause conflicts. This indicates the use of the law as a way to grant order, not liberty. The aim of this article is to show, discussing the ideas of state and constitution, the tension between liberty and order and how the law should work to protect the former. Thus, the contemporaneous state is related to legality, understood as a mean to limit the state power. Then, the concept of state of exception is presented and is shown as the state order and coercion overlap constitutional rights. This overlapping can be seen in the “June 2013” protests; in the flash mob situations and in the case of “Pedrinhas” Prison. Those are examples of the logic of the state of exception embodied to the Brazilian political life. Furthermore, Brazilian state increases its repression power by using legal strategies that decrease its means of being restrained. The text asserts the need to rethink legality and constitutionalism as a way to fight the naturalization of the state of exception.

The social uses of the law at a Soweto garbage dump: Reclaiming the law and the state in the informal economy

2016 ◽  
Vol 65 (2) ◽  
pp. 222-234 ◽  
Author(s):  
Melanie Samson
Keyword(s):  
Informal Economy ◽  
Research Agenda ◽  
Legal Theory ◽  
Social World ◽  
The State ◽  
Informal Workers ◽  
The Social ◽  
Critical Legal Theory ◽  
The Law ◽  
Social Uses

The informal economy is typically understood as being outside the law. However, this article develops the concept ‘social uses of the law’ to interrogate how informal workers understand, engage and deploy the law, facilitating the development of more nuanced theorizations of both the informal economy and the law. The article explores how a legal victory over the Johannesburg Council by reclaimers of reusable and recyclable materials at the Marie Louise landfill in Soweto, South Africa shaped their subjectivities and became bound up in struggles between reclaimers at the dump. Engaging with critical legal theory, the author argues that in a social world where most people do not read, understand, or cite court rulings, the ‘social uses of the law’ can be of greater import than the actual judgement. This does not, however, render the state absent, as the assertion that the court sanctioned particular claims and rights is central to the reclaimers’ social uses of the law. Through the social uses of the law, these reclaimers force us to consider how and why the law, one of the cornerstones of state formation, cannot be separated from the informal ways it is understood and deployed. The article concludes by sketching a research agenda that can assist in developing a more relational understanding of the law and the informal economy.

scholarly journals Social commissioning in the sphere of social services provision

2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk
Keyword(s):  
Social Services ◽  
Social Order ◽  
Social Care ◽  
Social Issues ◽  
Public Procurement ◽  
The State ◽  
The Social ◽  
The Law ◽  
Definition Of ◽  
State Regional

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.

scholarly journals CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  
Keyword(s):  
Public Relations ◽  
Human Dignity ◽  
Essential Feature ◽  
State Power ◽  
The State ◽  
Legal Principles ◽  
Constitutional Order ◽  
Normative Significance ◽  
Russian Law ◽  
The Law

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power

‘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.

The Rule of Law

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
The State ◽  
Successful Operation ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

The rule of law requires that law make the differences it purports to make; linking the formal demands of law and the reality of the rules that structure power within a community. The chapter begins by outlining the rule of law. There are two aspects to the principle: first, the rule of law requires that laws be expressed in a way that enable people to obey the law; secondly, the rule of law requires that the social context is such that people are led to obey these rules. The second part of the chapter examines the connection between the rule of law and the state. First, it will be contended that states need to comply—to a degree—with the rule of law in order to exist. Secondly, in societies such as ours, non-state legal orders require the existence of the state, and state legal orders, for their successful operation.

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