The Law Of Exception

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State of Exception

Giorgio Agamben
State of Exception Book PDF

Author : Giorgio Agamben
Publisher : University of Chicago Press
Page : 108 pages
File Size : 55,8 Mb
Release : 2008-07-18
Category : Philosophy
ISBN : 9780226009261

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State of Exception by Giorgio Agamben Pdf

Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Between the Norm and the Exception

William E. Scheuerman
Between the Norm and the Exception Book PDF

Author : William E. Scheuerman
Publisher : MIT Press
Page : 348 pages
File Size : 46,6 Mb
Release : 1997-01-22
Category : Philosophy
ISBN : 0262691965

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Between the Norm and the Exception by William E. Scheuerman Pdf

Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.

States of Exception

Cosmin Cercel,Gian Giacomo Fusco,Simon Lavis
States of Exception Book PDF

Author : Cosmin Cercel,Gian Giacomo Fusco,Simon Lavis
Publisher : Routledge
Page : 218 pages
File Size : 52,7 Mb
Release : 2022-02-24
Category : Electronic
ISBN : 0367529068

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States of Exception by Cosmin Cercel,Gian Giacomo Fusco,Simon Lavis Pdf

This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts - including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.

Courts, Politics and Constitutional Law

Martin Belov
Courts Politics and Constitutional Law Book PDF

Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 40,8 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977

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Courts, Politics and Constitutional Law by Martin Belov Pdf

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

The Law of Exception

Amuh
The Law of Exception Book PDF

Author : Amuh
Publisher : Amuh
Page : 129 pages
File Size : 44,5 Mb
Release : 2024-01-01
Category : Antiques & Collectibles
ISBN : 8210379456XXX

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The Law of Exception by Amuh Pdf

The law of exception is a law that reveals an object that has different and special characteristics from other objects in a group. The number of objects that become exceptions varies quite a lot and is usually less than the other objects. In this book, objects that are exceptions are generally divided into two types, namely one or a few. The laws of exception is arranged formulacally and arranged systematically by using a simple formula arrangement. From this arrangement, the law of exception creates a concept to seek and find an object that has different and special characteristics from other objects that have relationships between one with anothers in a group. After that, it is explained where the different and special characteristics lie. So that these different objects provide their own uniqueness from other objects. The law of exception is a universal law in general. This is done to uncover a number of phenomena that often occur in natural and social life. This is intended to focus on objects that have different and special characteristics and become exception from other objects in a group. In this discussion, the description of each chapter reveals an exception object of the other objects in several parts of the verse in the Quran, the relationship between God and the creature, the history of several figures known by the community, Qibla and prayer, uniqueness of the calendar, organization, the uniqueness of numbers, soccer, solar systems, and recognize vulnerable past history to the future of relations between China and Taiwan.

American Exception

Aaron Good
American Exception Book PDF

Author : Aaron Good
Publisher : Simon and Schuster
Page : 460 pages
File Size : 48,6 Mb
Release : 2022-06-21
Category : Political Science
ISBN : 9781510769144

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American Exception by Aaron Good Pdf

American Exception seeks to explain the breakdown of US democracy. In particular, how we can understand the uncanny continuity of American foreign policy, the breakdown of the rule of law, and the extreme concentration of wealth and power into an overworld of the corporate rich. To trace the evolution of the American state, the author takes a deep politics approach, shedding light on those political practices that are typically repressed in “mainstream” discourse. In its long history before World War II, the US had a deep political system—a system of governance in which decision-making and enforcement were carried out within—and outside of—public institutions. It was a system that always included some degree of secretive collusion and law-breaking. After World War II, US elites decided to pursue global dominance over the international capitalist system. Setting aside the liberal rhetoric, this project was pursued in a manner that was by and large imperialistic rather than progressive. To administer this covert empire, US elites created a massive national security state characterized by unprecedented levels of secrecy and lawlessness. The “Global Communist Conspiracy” provided a pretext for exceptionism—an endless “exception” to the rule of law. What gradually emerged after World War II was a tripartite state system of governance. The open democratic state and the authoritarian security state were both increasingly dominated by an American deep state. The term deep state was badly misappropriated during the Trump era. In the simplest sense, it herein refers to all those institutions that collectively exercise undemocratic power over state and society. To trace how we arrived at this point, American Exception explores various deep state institutions and history-making interventions. Key institutions involve the relationships between the overworld of the corporate rich, the underworld of organized crime, and the national security actors that mediate between them. History-making interventions include the toppling of foreign governments, the launching of aggressive wars, and the political assassinations of the 1960s. The book concludes by assessing the prospects for a revival of US democracy.

Exceptions in EU Copyright Law

Tito Rendas
Exceptions in EU Copyright Law Book PDF

Author : Tito Rendas
Publisher : Kluwer Law International B.V.
Page : 400 pages
File Size : 41,7 Mb
Release : 2021-02-10
Category : Law
ISBN : 9789403524009

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Exceptions in EU Copyright Law by Tito Rendas Pdf

Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

The Parody Exception in Copyright Law

Sabine Jacques
The Parody Exception in Copyright Law Book PDF

Author : Sabine Jacques
Publisher : Oxford University Press
Page : 280 pages
File Size : 50,9 Mb
Release : 2019-03-07
Category : Law
ISBN : 9780192529985

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The Parody Exception in Copyright Law by Sabine Jacques Pdf

Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.

Constitutionalism Under Extreme Conditions

Richard Albert,Yaniv Roznai
Constitutionalism Under Extreme Conditions Book PDF

Author : Richard Albert,Yaniv Roznai
Publisher : Springer Nature
Page : 445 pages
File Size : 45,8 Mb
Release : 2020-09-24
Category : Law
ISBN : 9783030490003

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Constitutionalism Under Extreme Conditions by Richard Albert,Yaniv Roznai Pdf

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Taking Exception to the Law

Donald Beecher,Travis DeCook,Andrew Wallace,Grant Williams
Taking Exception to the Law Book PDF

Author : Donald Beecher,Travis DeCook,Andrew Wallace,Grant Williams
Publisher : University of Toronto Press
Page : 288 pages
File Size : 46,7 Mb
Release : 2015-02-05
Category : Drama
ISBN : 9781442616851

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Taking Exception to the Law by Donald Beecher,Travis DeCook,Andrew Wallace,Grant Williams Pdf

Taking Exception to the Law explores how a range of early modern English writings responded to injustices perpetrated by legal procedures, discourses, and institutions. From canonical poems and plays to crime pamphlets and educational treatises, the essays engage with the relevance and wide appeal of legal questions in order to understand how literature operated in the early modern period. Justice in its many forms – legal, poetic, divine, natural, and customary – is examined through insightful and innovative analyses of a number of texts, including The Merchant of Venice, The Faerie Queene, and Paradise Lost. A major contribution to the growing field of law and literature, this collection offers cultural contexts, interpretive insights, and formal implications for the entire field of English Renaissance culture.

Politics, Metaphysics, and Death

Andrew Norris
Politics Metaphysics and Death Book PDF

Author : Andrew Norris
Publisher : Duke University Press
Page : 321 pages
File Size : 51,8 Mb
Release : 2005-07-11
Category : Philosophy
ISBN : 9780822386735

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Politics, Metaphysics, and Death by Andrew Norris Pdf

The Italian philosopher Giorgio Agamben is having an increasingly significant impact on Anglo-American political theory. His most prominent intervention to date is the powerful reassessment of sovereignty and the politics of life and death laid out in his multivolume Homo Sacer project. Agamben argues that in both the modern world and the ancient, politics inevitably involves a sovereign decision that bans some individuals from the political and human communities. For Agamben, the Nazi concentration camps—in which some inmates are reduced to a form of living death—are not a political aberration but instead the place where this essential political decision about life most clearly reveals itself. Engaging specifically with Homo Sacer, the essays in this collection draw out and contend with the wide-ranging implications of Agamben’s radical and controversial interpretation of modern political life. The contributors analyze Agamben’s thought from the perspectives of political theory, philosophy, jurisprudence, and the history of law. They consider his work not only in relation to that of his major interlocutors—Hannah Arendt, Michel Foucault, Carl Schmitt, Walter Benjamin, and Martin Heidegger—but also in relation to the thought of Plato, Pindar, Heraclitus, Descartes, Kafka, Bataille, and Derrida. The essayists’ approaches are varied, as are their ultimate evaluations of the cogency and accuracy of Agamben’s arguments. This volume also includes an original essay by Agamben in which he considers the relation of Benjamin’s “Critique of Violence” to Schmitt’s Political Theology. Politics, Metaphysics, and Death is a necessary, multifaceted exposition and evaluation of the thought of one of today’s most important political theorists. Contributors: Giorgio Agamben, Andrew Benjamin, Peter Fitzpatrick, Anselm Haverkamp, Paul Hegarty, Andreas Kalyvas, Rainer Maria Kiesow , Catherine Mills, Andrew Norris, Adam Thurschwell, Erik Vogt, Thomas Carl Wall

States of Exception in American History

Gary Gerstle,Joel Isaac
States of Exception in American History Book PDF

Author : Gary Gerstle,Joel Isaac
Publisher : University of Chicago Press
Page : 375 pages
File Size : 42,8 Mb
Release : 2020-10-19
Category : History
ISBN : 9780226712321

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States of Exception in American History by Gary Gerstle,Joel Isaac Pdf

States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.

The International Law of Human Rights and States of Exception

Anna-Lena Svensson-McCarthy
The International Law of Human Rights and States of Exception Book PDF

Author : Anna-Lena Svensson-McCarthy
Publisher : BRILL
Page : 808 pages
File Size : 44,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479319

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The International Law of Human Rights and States of Exception by Anna-Lena Svensson-McCarthy Pdf

This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.

Copyright Law in an Age of Limitations and Exceptions

Ruth L. Okediji
Copyright Law in an Age of Limitations and Exceptions Book PDF

Author : Ruth L. Okediji
Publisher : Cambridge University Press
Page : 543 pages
File Size : 40,8 Mb
Release : 2017-03-30
Category : Law
ISBN : 9781107132375

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Copyright Law in an Age of Limitations and Exceptions by Ruth L. Okediji Pdf

In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.

Exceptions in International Law

Lorand Bartels,Federica Paddeu
Exceptions in International Law Book PDF

Author : Lorand Bartels,Federica Paddeu
Publisher : Oxford University Press, USA
Page : 433 pages
File Size : 48,5 Mb
Release : 2020-06-18
Category : Law
ISBN : 9780198789321

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Exceptions in International Law by Lorand Bartels,Federica Paddeu Pdf

Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.