Law and exception. Benjamin, Schmitt and the foundation of law
DOI:
https://doi.org/10.13130/2239-5474/9955Keywords:
Benjamin, Schmitt, Agamben, state of exception, law, derrida, gewalt, zur kritik der gewaltAbstract
The philosophical-juridical debate on the state of exception, between Carl Schmitt and Walter Benjamin, focuses on an anomaly that has often been related to language (by Benjamin himself, but also by Jacques Derrida and Giorgio Agamben). What link is there between language and anomy? A genealogy of the state of exception, if it must necessarily confront the threshold of language, must then also consider a further threshold (suggested by Schmitt): the threshold of writing. Without a focus on the conflict between orality (agraphos nomos) and literacy (written nomos), the genesis of the state of exception and its historical precedents would not be understood.
Downloads
Published
2017-12-01
Issue
Section
Researches - Ethics and Law
License
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
