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Afterword
No full textIn Central and Eastern Europe (CEE) as well, one engages in a constant process of negotiation with the self and the Other. In bringing together a significant number of diverse scholars from almost all CEE countries, who managed to genuinely work collectively, the endeavour offers a rich yet concise guide to legal identity from multiple angles. Throughout, it treats law contextually, that is in the only way in which law makes sense epistemically, creating a space where the authority paradigm of positivism is put to rest, and it treats law comparatively, often asserting difference. For Central and Eastern Europeans, to exist is to exist in reference to something else. Unexplored, marginalized, left behind, criticized, discovered, re-discovered, re-appraised, derided, praised, invented, re-constructed, de-constructed – Central and Eastern Europe is anything but an uninteresting place
Introduction: Untimely Considerations on the State of Exception
No full textState of exception is one of those concepts in the politico-juridical vocabulary whose established popularity is not affected by their evident terminological uncertainty. Since the beginning of the twenty-first century, with the emergence of what has been defined as the war on terror, academic production on the subject has been literally flooded by an imponent stream of contributions. In the last two decades, the succession of multiple and diversified emergencies have had a decisive impact in Western governmental systems and societies, which unsurprisingly reacted by strengthening their securitarian drives. In a rather disturbing fashion, liberal democracies tended increasingly to challenge the pressure brought by global crisis – from international terrorism to the current waves of migration – through the hardening of police measures and the consequent limitation of civil and political liberties
Legal form and the end of law : Pashukanis' legacy
No full textFollowing the 100th anniversary of Pashukanis’ 'General Theory of Law and Marxism' (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form.
This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist – post-Marxist or hauntingly Marxist – legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy of the legal form. Instead, it mobilises the revolutionary conceptual potentialities that this term contains. When investigated thoroughly, and in many dimensions, the legal form becomes a privileged vantage point not only into the greatest law-related riddles of Marxism (such as the relation between economy and the state or withering away of statal apparatuses), but the whole of modernity as the epoch determined by – if not overlapping with – capitalism. This book aims to think with the legal form rather than explain this concept. In so doing, it offers a panoply of theoretical perspectives that address legal subjectivity, abstraction, autonomy of the law and, last but not least, withering away of the law. This contemporary interrogation of the relevance of the concept of legal form will be of considerable interest to scholars and students of legal and political theory
Chapter 8. A state in anomie: an analysis of modern Turkey's states of exception
No full textIn this chapter, the author considers the transformation of the exceptional measures from a historical perspective, with the aim of exposing the evolutionary pattern of the states of exceptions in modern Turkey. In order to do so, he considers the round-the-clock curfews as a signpost. Even though Turkey is living proof of exception being the norm, he suggests that the round-the-clock curfews expose a pattern of anomie within the paradigm of exception; that is to say, that some exceptional measures are even more exceptional than others are. Although in the interwar period exceptional measures were quite common among nations across the continents, it is worth noting that in Turkey’s case what triggered the single-party regime was not an outside threat but rather an inside one. Regardless of its ethnic diversity, the Republic of Turkey is commonly referred to as the Turkish state rather than the state of Turkey
Emergency Powers and State Secrecy in the British Empire
No full textThe British state’s constitutional tradition is to leave flexibility to the ruling elite of the time. Nowhere is this more evident than in the use of emergency powers in Britain’s colonies after the Second World War. Emergency codes allowed for broad discretionary powers to be given to colonial authorities. This led to a prevalence of extrajudicial executions, torture, inhuman and degrading treatment, detention without trial or charge and widespread sexual and physical violence. This was capped by broad judicial deference to questions of national security, and official secrecy, whitewash, and a culture of denial. This is illustrated through the example of the Kenyan Emergency in the 1950s. Records of abuses under emergency powers regulations were deliberately expunged, helping to present the United Kingdom’s rule even in the face of rebellion and armed resistance as being marked by ‘minimum force’. In fact, Operation Legacy was a deliberate programme, approved at the highest levels. The UK made it a matter of public policy to erase certain histories of empire through a mass destruction of records which also ensured the British state would be able to dismiss legal challenges brought against it for those abuses it committed as unsupported by evidence
The 'right' side of the law: state of siege and the rise of fascism in interwar Romania
Full text linkThe aim of this article is to problematize one of the most audacious tenets of the new consensus, namely the revolutionary character of fascism, by linking together the experience of the state of siege and the emergence of the fascist movement in interwar Romania. It tries to do so by drawing on the philosophical underpinnings of the paradigm of the state of exception developed by Giorgio Agamben and Walter Benjamin’s critique of law and violence. In a first part my aim is to present the main arguments espoused in defending the view according to which fascist movements were professing an authentic revolutionary radical politics. Secondly, I will turn towards legal critique and to the work of Giorgio Agamben in order to build a topography of the relation between law and the force of state. In a third part I will focus on the uses and the historical meaning of the state of siege in post-First World War Romania. This article argues that the emergence of the fascist movement in Romania is an event strongly embedded in the political, legal and symbolic dynamics entailed by the state of exception rather than the expression of a revolutionary thrust
The Exception of the Norm in the Third Reich: (Re)Reading the Nazi Constitutional State of Exception
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