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Law and exception. Benjamin, Schmitt and the foundation of law

Authors :
Enrico Redaelli
Source :
Nóema, Vol 0, Iss 7-2 (2017)
Publication Year :
2017
Publisher :
Università degli Studi di Milano, 2017.

Abstract

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.

Details

Language :
Italian
ISSN :
22395474
Issue :
7-2
Database :
Directory of Open Access Journals
Journal :
Nóema
Publication Type :
Academic Journal
Accession number :
edsdoj.00db6a009041999bfa0f0ab60e38e3
Document Type :
article
Full Text :
https://doi.org/10.13130/2239-5474/9955