State of Exception

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Two months after the 9/11 attacks, the Bush administration authorized the indefinite detention of noncitizens suspected of terrorism and their trials by military commission, viewing the situation as a state of emergency. In this context, distinguished Italian philosopher Giorgio Agamben explores the concept of "state of exception," a powerful strategy that can transform democracies into totalitarian regimes. This work serves as a sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life and is the first to theorize the state of exception within a historical and philosophical framework. Agamben critiques legal scholars and policymakers in Europe and the U.S. for dismissing the need for such a theory, arguing that what was intended as a temporary measure has become a normative model of governance throughout the twentieth century. He examines the state of exception's history across various national contexts in Western Europe and the U.S., engaging with the ideas of Carl Schmitt, Derrida, Benjamin, and Arendt. Ultimately, Agamben presents original insights on the future of democracy and highlights the complex relationship between law and violence.