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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.
Giorgio Agamben (/ ə ˈ ɡ æ m b ə n / ə-GAM-bən; Italian: [ˈdʒordʒo aˈɡamben]; born 22 April 1942) is an Italian philosopher best known for his work investigating the concepts of the state of exception, [7] form-of-life (borrowed from Ludwig Wittgenstein) and homo sacer.
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 ...
Nelufar Hedayat examines the impact of the controversial "State of Exception" in El Salvador and the U.S.
(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
Democracies use states of emergency to manage a range of situations from extreme weather events to public order situations. Dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of time so that derogations can be used to override human rights of their citizens usually protected by the International Covenant on ...
The gang crackdown is officially known in El Salvador as the "State of Exception" (Spanish: régimen de excepción). [13] Salvadoran president Nayib Bukele and his government have described the crackdown itself as a "war" (guerra) [14] and also refer to it as the "War Against the Gangs" (guerra contra las pandillas).
Justitium (derived from the Latin term Juris statio [1]) is a concept of Roman law, equivalent to the declaration of the state of emergency.Some scholars also refer to it as a state of exception, [2] stemming from a state of necessity. [3]