The “state of exception” [Ausnahmezustand] examined by C. Schmitt in Politische Theologie (1922) is much more than any emergency ordinance in which the legal rule always prevails over naked power. In the state of exception, the decisive question arises of who decides at the origin of all sovereignty. Who does decide security and public order at the extremity of the law? What does really distinguish the state of emergency from the state of exception? What is the risk to use some means of emergency without adequate legal legitimacy? Isn’t it the problem of all emergency situations, beyond the current pandemic? Here are some fundamental questions these pages try to answer.
Extremus necessitatis casus. Ai confini dell'ordine giuridico
Antonio Incampo
2022-01-01
Abstract
The “state of exception” [Ausnahmezustand] examined by C. Schmitt in Politische Theologie (1922) is much more than any emergency ordinance in which the legal rule always prevails over naked power. In the state of exception, the decisive question arises of who decides at the origin of all sovereignty. Who does decide security and public order at the extremity of the law? What does really distinguish the state of emergency from the state of exception? What is the risk to use some means of emergency without adequate legal legitimacy? Isn’t it the problem of all emergency situations, beyond the current pandemic? Here are some fundamental questions these pages try to answer.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
