The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary

The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name.

  
       
         
    STUDIA EUROPAEA - Issue no. 1 / 2005  
         
  Article:   STATE OF EXCEPTION TO THE PROBLEM OF THE LEGAL VALIDITY / DE L’ÉTAT D’EXCEPTION AU PROBLÈME DE LA VALIDITÉ JURIDIQUE.

Authors:  VAL CODRIN TĂUT. 		 
       
         
  Abstract:  This paper tries to determine the state of exception’s function inside a general theory of law, the way it is envisaged by Carl Schmitt and Giorgio Agamben. We will focus on a certain asymmetry between these two authors. While Giorgio Agamben finds to be the original structure of law, Carl Schmitt considers it only in a negative way, as an indicator of norm’s incapacity to be self-applying. The difference between Agamben and Schmitt and later development in Schmitt’s work amount to a change from a theory of state of exception to one concerned with norm’s validity.  
         
     
         
         
      Back to previous page