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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.
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 ...
An overwhelming exception is an informal fallacy of generalization. It is a generalization that is accurate, but comes with one or more qualifications which eliminate so many cases that what remains is much less impressive than the initial statement might have led one to believe.
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.