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    Giorgio Agamben, Kevin Attell - State of Exception-University of Chicago Press (2005)

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    Giorgio Agamben, Kevin Attell - State of Exception-University of Chicago Press (2005)

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    Carolina Neto Henriques
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    Giorgio Agamben, Kevin Attell - State of Exception-University of Chicago Press (2005)

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    Carolina Neto Henriques

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    of 52
    State of Exception 8 Giorgio Agamben (Chicago and London oroxcio panstaesinprofsnr of a cs at the Univer of Veron He sshesuthr often revs hos, nln the prea #8 one, Home Sta Sourgn Povterand Rare polished a English by Stare Unkssy Press. scnvta arrests postictralfillow nth Engl Depart tthe Univer of aio, Dav, Hes the trlctor of Giorgio Agamibers The ‘The Unters of Chagos Chico o0s7 The Univers of Chiego Pres id, London 2005 by The University of Chicago AM rhe Pied 2008, ried in the United Sate of Amsercn ssn (coh): 036-0092 180 (paper 26-9254 niginntyputished a Sr dl xeon © 203 Real Ponaghi elkone ss, vin, Libary of Congres Cah ng-in-Poblinion Data Agomben Giorgia 942 td cents Engl Seat afecopion Room Incivdes hisngraphieaeetencs(p, ain ssc 36-0094-6 (cath all paper) — rane 29690995-4(pbe atk paper) 1. Warand emergency powers. 2 Sate ofSepe 3. Waeand io Agua stant by Kevin Atl comegency pewees—Barope—History. 4. Woranl emergeney powers United State-—Hitor 5, Site of ige—Farepe—Hivory. 6 Stiteof United Stat—Mistry, Tila vas6.343 2005 {@ Me perdi his pation mes hen equzements of 1h Ameria Nihon tnd fr kformation Scknese—Rermanenc of perfor Ponte Ura Materia, aN 23948-1953 Contents Translators Note vi 1 The State of Fxception asa Paradigm of Government 3 Force-of Law 2 Ihttium 31 1 Gigantomschy Conceeninga Youd 52 Feast, Mourning, Anomie 65 Auctortas and Potestas 74 References 85 Index of Names 93 ‘Translator’s Note ‘Wherever possible, have included references to published English tranalations ‘of Agamben’ Trench, German, and Taian sources in the references ist How- ‘ever, inorder to maintain consistency in terminology throughout the text, and tobetier reflec Agamben'savetranslations of these sources, the published ng- lish ersions have frequently been modified. Where an Englshecitionilisted in ‘thetibliograpy, che ist page nuraberin the text citation seers tothe original, and the secand tothe English edition (e4 [Benfarnin 142, 697/357}). Where ‘no English edition is sted, the translation is mine | would lik to give my deepest thanks to Coortaey Booker, David Copen- afer, Stmuel Giers,Siietta Simoncini and to Giorgio Agamnben for ther gen ‘tous help in preparing this translation Quavesitetisjuristae in munere veto? [Why are you jurstssilent about chat which concerns yout 18 The State of Exception as a Paradigm of Government 14 The essential contiguity between the state of exception and sov- ereignty was established by Carl Schmitt in his book Politische Theolo- ie (922). Although his famous definition of the sovereign as “he who decides on the state of exception” has been widely commented on and discussed, there still no theory ofthe state of exception in public law, and jurists and theorists of public law seem to regard the problem more asa quoestiofatithan as a genuine juridical problem, Not only is such a theory deemed illegitimate by those authors who (Following the an cient maxim according to which necssitaslegem non habet (necesity hhas no lav) affirm that the state of necessity, on witch the exception is founded, cannot have a juridical form, but itis dificult even to ar rive at a definition of the term given its postion at the limit between politics and law. Indeed, according toa widely held opinion, the state of exception constitutes a ‘point of imbalance between public law and politcal fact” (Saint-Bonnet 2001, 24) that is situated —like civil wa insurrection and resistance—in an “ambiguous, uncertain, borderline fringe, at the intersection ofthe legal and the political” (Fontana 1999, 16). The question of borders becomesal the more urgent: if exceptional -easutes are the result of periods of political crisis and, as sueh, must bbe understood on political and not juridico-consttutional grounds (De Martino 975,320) then they find themselves in the paradoxical position of being juridical measures that cannot be understood in legal terms, and the state of exception appears as he legal form of what cannot have legal form, On the other hand, ifthe law employs the exception—that isthe suspension of law itselas its arginal means of referring to and encompassing life, then a theory ofthe state of exception isthe prelim inary condition for any definition ofthe elation that binds and, at the same time, abandons the living being to law. ud between public law and political fact, and between the juridical order and li, that the present study seeks to tis this no-mar’s 2 Chapter One investigate, Only ifthe veil covering this ambiguous zone i lifted will we be able to approach an understanding of the stakes involved in the Aifferenco—or the supposed difference—between the political and the juridical, and between law and the living being, And perhaps only then Vite possible to answer the question that never censes to reverberate inthe history of Western politics: what does it mean to act politically? 1.2 One of the elements that make the state of exception so difficult to define is certainly its close relationship to civil war, insurrection, and resistance, Because civil war isthe opposite of normal conditions, ities inaroneouadecidability with respect tothe state of exception, which is state power’s immediate response (o the most extremeinteroal conflicts, ‘Thus, over the course of the twentieth century, we have been able to witness a paradoxical phenomenon that has been effectively defined as 2 “legal civil war” (Schnur 1983). Letus take the case ofthe Nazi State. No sooner did Hitler take power {or, as we should perhaps more accurately ‘ay, no sooner was power given to him) than, on February 28, he pro

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