State of exception: the withdrawal of the law as a legal environment

Abstract

This article seeks, from the perspective of Philosopher Giorgio Agamben, to make explicit the concept of state of exception, considering that the exception becomes at the same time a political paradigm within the jurisdiction, suspending the norm itself. The exception establishes a relationship with the law in that it suspends the right and does so with a view to safeguarding the continuity of the law itself. Exception devices are usually used in cases of civil war, insurrection, and resistance, currently expanding and becoming the current practice of governments. And this is the purpose of the research that resulted in this article: understanding how the exception works and realizing that it is currently a rule. Having been commonly used in cases of internal conflicts, the exception is to allow the sovereign to remain in power. For this it is marked by the taking of life by the power in which the naked life, that is its natural life, destitute of political rights, becomes the form-of-life, the political form of the relation with the power. And this use of naked life manifests itself as the foundation of one's own sovereignty. For Agamben, this expands as a rule from the concentration camps and gains new contours after the attack of September 11, 2001. It is here to understand how, from then on, the exception made rule, seeks to maintain the power of the sovereign , and is currently used by the various governments at all times.