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A state of exception (German: Ausnahmezustand) is a concept introduced in the 1920s by the German philosopher and jurist Carl Schmitt, similar to a state of emergency (martial law) but based in the sovereign's ability to transcend the rule of law in the name of the public good.
By "exception", Schmitt means stepping outside the rule of law under the state of exception (Ausnahmezustand) doctrine he first introduced in On Dictatorship for the purpose of managing some crisis, which Schmitt defines loosely as "a case of extreme peril, a danger to the existence of the state, or the like." For this reason, the "exception ...
Benedict XVI; Eichberg; Freyer; Gadamer; von Galen; Gehlen; Gogarten; Görres; Hamann; Heidegger; Herder; Hielscher; von Hildebrand; Jünger (Ernst) Jünger ...
Decisionism (derived from the German Dezisionismus, which is sometimes encountered untranslated in English texts) is a political, ethical and jurisprudential doctrine which states that moral or legal precepts are the product of decisions made by political or legal bodies.
According to Giorgio Agamben, justitium progressively came to mean, after the Roman Republic, the public mourning of the sovereign: a sort of privatization or diversion of the danger threatening the polis, as the sovereign claimed for himself the auctoritas, or authority, necessary to the rule of law. In his conceptualization, it is a period ...
A cartoon in Hugo Gernsback's Electrical Experimenter lampooning proposed regulations to make radio a monopoly of the US Navy "Everything which is not forbidden is allowed" is a legal maxim.
The exception proves the rule is a phrase that arises from ignorance, though common to good writers. The original word was preuves, which did not mean proves but tests. [4] In this sense, the phrase does not mean that an exception demonstrates a rule to be true or to exist, but that it tests the rule, thereby proving its value.
Exceptionalism is the perception or belief that a species, country, society, institution, movement, individual, or time period is "exceptional" (i.e., unusual or ...