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Law’s disappearance: the state of exception and the destruction of experience
Full text linkThis paper explores the philosophical, political and memorial consequences of the contemporary status of law present in the work of Giorgio Agamben with specific reference to the field of legal history. My intention is to offer a genealogical reading of the relation between Agamben’s theory of the state of exception animating his political and legal philosophical writings in the Homo Sacer trilogy and his earlier interest in the philosophy of language and history. While exploring this path, I shall follow his indictment of modernity construed as a drive fracturing the relation between knowledge and experience. By further analyzing the destruction of experience as a feature of modern times, I intend to map out the political and legal consequences of the crisis of authority befalling our contemporary nomos, one which is inherently connected to the decoupling between narrative and experience. In this way, I aim to provide a broader philosophical context to Agamben’s concept of the state of exception which otherwise tends to be disregarded within receptions of his work in the field of legal studies. In a first part, I shall map the relevance of Agamben’s concept of the state of exception as an intellectual tool for approaching the contemporary status of law as well as its historical unfolding. Secondly, I shall insist on Agamben’s understanding of the destruction of experience as a feature of a modern intellectual dynamics dissolving the traditional structures of knowledge and the production of authority. In a third part, I shall explore the consequences of Agamben’s reading of the dissolution of law and the destruction of experience for the writing of legal history
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Towards a jurisprudence of state communism ::law and the failure of revolution /
No full textThe enemy within: criminal law and ideology in interwar Romania
Full text linkThe aim of this chapter is to offer a critical analysis of the uses of criminal law in the context of the royal dictatorship and the rise of fascism in Romania during the 1930s. It explores the effacement of traditional categories of legality entailed by the emergence of the Criminal Code of 1936, by focusing on the notion of crimes against the constitutional order and its intricate relation to the socio-political context of the time. In this sense this chapter investigates critically and historically the relation between criminal law, constitutional law and the rise of fascism in Romania while stressing three crucial and overlooked elements: the ideological tenets of the Code present both in its substantial and formal structure, the politico-legal significance of the Code in the historical moment of its enactment, and the erosion of classical forms of legality determined by the Code’s ideological appropriation. Moreover, it tackles the question of continuity between democratic legislation and authoritarian law
Judging the Conducător: fascism, communism and legal discontinuity in post-war Romania
Full text linkThe proposed chapter aims to further the engagement with the past by bringing to the fore the legal and memorial dynamics at work in the post war trials dealing with Romanian participation to the Holocaust. While work in this area of Romanian legal history is still exploratory, this chapter aims at filling a gap in relation to understanding the constitutional, jurisprudential and ideological aspects of the Antonescu trial. In doing so it also aims to reflect on the legal, political and symbolic consequences entailed by the communist attempts at dealing with Romanian participation to the Holocaust. In this sense, this chapter attempts for the first time to articulate jurisprudentially and historically the significance of the trial of the Romanian military dictator in office between 1940 and 1944
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Towards a jurisprudence of state communism ::law and the failure of revolution /
No full textThe '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
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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