scholarly journals Intervenciones Artísticas: Estado de Excepción en México

2019 ◽  
Vol 7 (1) ◽  
pp. 48
Author(s):  
Pablo Estévez
Keyword(s):  
New York ◽  
The State ◽  
Carl Schmitt ◽  
Literary Texts ◽  
State Of Exception ◽  
Comparative Approach ◽  
State Of Emergency ◽  
States Of Emergency ◽  
Mexican Society ◽  
The Social

The movement of Zapatista rebellion in Chiapas, Mexico began in 1994, succeeding in generating a change in Mexican society by valuing indigenous liberation practices. However, a state of emergency is instituted in Zapatista territories according to laws that grant amnesty and regulate the legal vacuum. Certain Mexican artists such as Erick Beltrán, Gabriel Kuri, Abraham Cruzvillegas and Pablo Kubli, contribute critical reflections with works sustained in the context of pure violence of the State. The theoretical framework is constrained by the theories of Carl Schmitt, Walter Benjamin, Giorgio Agamben and Achille Mbembe, who contribute to the understanding of the state of exception that the State implements by modifying sovereignty and Human Rights. The method used in the article corresponds to the reception of literary texts. The artistic pieces that are integrated by Pablo Kubli represent the interdisciplinary contribution of the social sciences and the practice of art, with images, schemes and interventions that are argumentative reflections of the environment of globalized violence, and of social resistance to the paradigm of modification of autonomy in intervened regions. In addition, a comparative approach with states of emergency of globalized countries is proposed according to the events of September 11, 2001 in New York and March 11, 2004 in Madrid, among others. Starting from the Mexican experience and from global countries, the term of sovereignty is modified by the violence of the State over territories cut off by the permanence of the state of exception and restrictions on constitutional guarantees.

Human and Civil Rights and Freedoms in a State of Natural Disaster and Epidemic Emergency

2021 ◽  
Vol 13 (1) ◽  
pp. 133-142
Author(s):  
Robert Socha ◽  
António Tavares
Keyword(s):  
Civil Rights ◽  
Natural Disaster ◽  
Civil Liberties ◽  
World Health Organisation ◽  
The State ◽  
World Health ◽  
State Of Emergency ◽  
States Of Emergency ◽  
The Social ◽  
The Republic

On 11th March 2020, the World Health Organisation (WHO) declared a state of pandemic. In turn, on 21 March 2020, the Minister of Health, by way of a regulation, declared a state of epidemic in the territory of the Republic of Poland. At the same time, the decision resulted in the introduction of many restrictions concerning, inter alia, freedom of movement, assembly and trade. At the same time, discussions started on the constitutionality of the introduced restrictions on civil liberties. Having the above in mind, the aim of this article is to present the correlation in the sphere of limiting or suspending civil liberties in a state of emergency, such as a state of natural disaster, and in “non-emergency” states, such as a state of epidemic threat and a state of pandemic. Although the word “state” appears in the three mentioned legal situations, the state of natural disaster, as one of the three constitutional states of emergency, creates a different legal and socio-political situation than the state of epidemic threat or the state of pandemic. A common feature of the above-mentioned events, however, is that they became a fundamental disruption of the social context of individual and group functioning in connection with the occurrence of a human infectious disease.

scholarly journals NEPAPRASTOJI PADĖTIS IR DIEVIŠKASIS SMURTAS: CARLO SCHMITTO IR WALTERIO BENJAMINO MINČIŲ KRYŽKELĖS

Problemos ◽  
2013 ◽  
Vol 83 ◽  
pp. 107-120
Author(s):  
Kasparas Pocius
Keyword(s):  
The State ◽  
Carl Schmitt ◽  
State Of Exception ◽  
World Population ◽  
Right Wing ◽  
Giorgio Agamben ◽  
State Of Emergency ◽  
Homo Sacer ◽  
Theological Discourse ◽  
Divine Violence

Šiuolaikinės politinės filosofijos kontekste jau maždaug dvidešimt metų neatslūgsta domėjimasis biopolitinėmis teorijomis, kurių dėmesio centre atsiduria valdžios ir gyvybės santykis šiuolaikiniame pasaulyje, kairiųjų politinių filosofų vadinamame Imperija. Italų filosofo Giorgio Agambeno dėka biopolitikos instrumentai buvo panaudoti nepaprastosios padėties ir homo sacer sampratų tyrinėjimams. Šiame tekste, pasitelkiant nepaprastosios padėties bei su ja susijusias sampratas, bus gilinamasi į šiuolaikinės valdžios ir valdymo problemas. Aptarsime vokiečių teisės teoretiko Carlo Schmitto nepaprastosios padėties teoriją, kaip alternatyvą jai pateikdami Walterio Benjamino mesianistinę tyro dieviškojo smurto sampratą. Straipsnio tikslas – pagrįsti Benjamino idėją, kad dieviškasis smurtas gali įveikti galios taikomą prievartą. Kita vertus, keliama idėja, kad Schmitto suverenios galios samprata užmaskuoja biopolitinį galios institucijų prievartos mechanizmą, o Benjamino dieviškojo smurto samprata leidžia jį demaskuoti.State of Exception and Divine Violence: The Crossroads between the Thought of Carl Schmitt and Walter BenjaminKasparas Pocius SummaryAlready back in 1940 Walter Benjamin told us that “the ‘state of emergency’ in which we live is not the exception but the rule.” While invoking this claim, Giorgio Agamben enriches the contemporary biopolitical discourse with such concepts as ‘state of exception’ and ‘homo sacer’, which refer to bare lives of the majority of world population under contemporary capitalist and state rule. This paper, which seeks to analyse the work of Agamben, presents the notion of the state of exception by Carl Schmitt and counterposes it to the Benjaminian concept of divine violence. This counterposition allows to theoretically question the Schmittian politico-theological discourse which has been increasingly used by the conservative intellectuals and right-wing movements in the Eastern Europe, ‘the necessity of defending the nation and the state’ that they posit and to show the often concealed links between this discourse with biopower regimes. On the other hand, it is an attempt to point at a presence of multiple and radical constituent forces which, beyond liberal – constitutional and authoritarian – conservative frameworks of the State pose the threat to the political and economic order of late capitalism.

Sovereign Exception, Destructive Exception

2020 ◽  
pp. 87-95
Author(s):  
Willy Thayer
Keyword(s):  
Philosophy Of History ◽  
The State ◽  
State Of Exception ◽  
State Of Emergency ◽  
Sovereign State ◽  
Rule Making

This chapter discusses Walter Benjamin's “Theses on the Philosophy of History,” which refers to a regime of sovereign representation where the state of emergency is the rule. It explains the paradigm of sovereignty that is constituted teleologically from exception, as the foundation and conservation of representational regimes. For Benjamin, the state of emergency is equivalent to “progress as a historical norm.” The chapter also looks at the commissary-sovereign state of exception that is functional to a policing critique and a politics whose prerogative is to put the regimes of representation into crisis. It analyzes a prerogative that subsumes the destructive character of the exception within a dialectical concentration of the rule, making the spectrality of destruction a function of the system of representation.

The Cultural Construction of International Relations: The Invention of the State of Nature. By Beate Jahn. New York: Palgrave, 2000. 182p. $65.00. The State and Identity Construction in International Relations. Edited by Sarah Owen Vandersluis. New York: St. Martin's, 2000. 207p. $69.95.

2002 ◽  
Vol 96 (1) ◽  
pp. 266-267
Author(s):  
Cynthia Weber
Keyword(s):  
New York ◽  
Social Construction ◽  
International Relations ◽  
Identity Construction ◽  
Cultural Construction ◽  
The State ◽  
Ir Theory ◽  
Nation States ◽  
The Social ◽  
Conceptual Debate

Conceptualizing the sovereign nation-state remains a core concern in the discipline of international relations (IR). Yet, as the volumes by Sarah Owen Vandersluis and Beate Jahn demonstrate, the theoretical location of this conceptual debate is shifting. Questions of identity, like those regarding sovereign nation-states, were answered in the 1990s with reference to terms like social construction. In the new millennium, “the social” is increasingly joined by “the cultural” as an intellectual marker of how serious IR scholars must pose questions of identity. Why this shift? And what difference does it make to our understandings of sovereign nation-states, not to mention IR theory more generally?

The state of emergency in the Weimar Republic Legal disputes over Article 48 of the Weimar Constitution

2010 ◽  
Vol 78 (1-2) ◽  
pp. 135-158 ◽  
Author(s):  
Marc de Wilde
Keyword(s):  
Rule Of Law ◽  
Weimar Republic ◽  
The State ◽  
Legal Positivism ◽  
Carl Schmitt ◽  
Annual Conference ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Legal Norms

AbstractThe article analyzes the debate on 'constitutional dictatorship' that took place at the first annual conference of the Association of German Constitutional Lawyers in Jena in 1924. In their keynote lectures, Carl Schmitt and Erwin Jacobi argued that Article 48 of the Weimar Constitution authorized the President of the Reich to derogate from the rule-of-law provisions of the constitution if this was necessary to save its 'political substance'. Advocating a 'doctrine of derogation', they implicitly criticized one of the main methodological assumptions of legal positivism, i.e., that legal norms and politics, law and power, had to remain strictly separated. They thereby set the stage for the emerging 'conflict of methods and directions' that was to haunt German jurisprudence in subsequent years.

Manufacturing Emergencies

2002 ◽  
Vol 19 (4) ◽  
pp. 91-102 ◽  
Author(s):  
Ryan Bishop ◽  
John W.P. Phillips
Keyword(s):  
Normal State ◽  
Underground Economy ◽  
The State ◽  
Sovereign Power ◽  
State Of Emergency ◽  
Intrinsic Connection ◽  
States Of Emergency ◽  
The Invisible

The article examines the distinction between the state of emergency and the normal state and an inherent undecidability at the base of the distinction. We argue that states of emergency arise from strategic sovereign decisions to divide visible from invisible, enemy from ally, underground economy from above-ground, illegitimate war from legitimate war. The capacity to so divide is manifested, for instance, in the technology of air raid sirens in a way that indicates the momentum of the technicity that covertly underlies sovereign power. The article, furthermore, shows how the distinction between the visible and the invisible can serve as a mystification, perpetuating the state of emergency by disguising the intrinsic connection between the two domains.

Public Security in the Polish Law on State of Emergency

2016 ◽  
Vol 8 (1) ◽  
pp. 91-100
Author(s):  
Bernard Wiśniewski
Keyword(s):  
The State ◽  
Public Security ◽  
State Of Emergency ◽  
Constitutional Order ◽  
Security Environment ◽  
States Of Emergency ◽  
The Republic ◽  
Polish Law ◽  
The Impact ◽  
The Relationship

This article presents the essential issues in the provisions of the law relating to public security in force in the Republic of Poland which are used in conditions of extraordinary internal threats that cannot be dealt with using ordinary legal tools. The considerations are based on an analysis of the legally regulated obligations of the state as a political organisation to society for securing the conditions for its survival in a changing security environment. This serves to present the basic issues of public security and the rules for the use of the State instruments for states of emergency. The rest of this article presents the relationship between issues of public security and a state of emergency. In this part of the article it is essential to discuss the circumstances that must exist to be able to employ specific legal measures in the conditions of threats to the constitutional order of the State and threats affecting the security of the citizens or of public order (including those caused by terrorist activities). Consequently, it discusses the impact of the rigours of a state of emergency in relation to the potential for limiting the escalation of these threats. The final part of the article also presents other instruments, apart from the state of emergency which, in the Polish legal system, can be used in the fight against threats which endanger public security and that are related to prohibited activities in cyberspace.

Notstandskontrolle

2019 ◽  
Author(s):  
Felix Weber
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The State ◽  
European Convention ◽  
Level System ◽  
State Of Emergency ◽  
Sovereign State ◽  
Judicial Control ◽  
States Of Emergency ◽  
Multi Level

Between 2015 and 2017, France, Turkey and Ukraine, as member states of the European Convention on Human Rights, declared a state of emergency according to Art. 15 ECHR. The events associated with the suspension of Convention rights show the current significance of the legal standardisation of political and social states of emergency. In the end it is all about the question of who ultimately controls the state of emergency: the sovereign state, the state community with a supranational judicial control, or both in terms of a horizontal overlapping of powers in the European multi-level system? Art. 15 ECHR still leaves unanswered questions to which the Strasbourg organs have responded over the years with a differentiated jurisprudence and with the granting of a certain margin of discretion. The book deals with these issues in the light of ECtHR case law and case studies on France, Turkey and Ukraine.

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