The state of exception in history against the grain

Abstract

This article seeks to delineate the state of exception paradigm in Giorgio Agamben's thought, establishing the proper differences as to how this concept is used in the current public debate, so that the Agambenian paradigm is recognized in its radicality. For Agamben, the state of exception does not concern an identifiable historical category and is not confused with static or legally prescribed models such as dictatorship, state of defense or state of siege. It is a creature of the constitutional-democratic tradition that differs from both strict facticity and legality or disability. After all, what is the state of Agambenian exception? It is lawless force of law as meaningless force of law, nullifying the differentiation between rule of law and state of exception.

Keywords: Exception state. Agamben. Rule of law.