Skip to main content

Research Repository

Advanced Search

Law’s disappearance: the state of exception and the destruction of experience

Cercel, Cosmin Sebastian

Authors



Contributors

Simone Glanert
Editor

Fabien Girard
Editor

Abstract

This paper explores the philosophical, political and memorial consequences of the contemporary status of law present in the work of Giorgio Agamben with specific reference to the field of legal history. My intention is to offer a genealogical reading of the relation between Agamben’s theory of the state of exception animating his political and legal philosophical writings in the Homo Sacer trilogy and his earlier interest in the philosophy of language and history. While exploring this path, I shall follow his indictment of modernity construed as a drive fracturing the relation between knowledge and experience. By further analyzing the destruction of experience as a feature of modern times, I intend to map out the political and legal consequences of the crisis of authority befalling our contemporary nomos, one which is inherently connected to the decoupling between narrative and experience. In this way, I aim to provide a broader philosophical context to Agamben’s concept of the state of exception which otherwise tends to be disregarded within receptions of his work in the field of legal studies. In a first part, I shall map the relevance of Agamben’s concept of the state of exception as an intellectual tool for approaching the contemporary status of law as well as its historical unfolding. Secondly, I shall insist on Agamben’s understanding of the destruction of experience as a feature of a modern intellectual dynamics dissolving the traditional structures of knowledge and the production of authority. In a third part, I shall explore the consequences of Agamben’s reading of the dissolution of law and the destruction of experience for the writing of legal history.

Citation

Cercel, C. S. (2017). Law’s disappearance: the state of exception and the destruction of experience. In F. Girard, & S. Glanert (Eds.), Law's hermeneutics: other investigations. Routledge

Acceptance Date May 15, 2016
Publication Date Feb 16, 2017
Deposit Date Jul 25, 2016
Publicly Available Date Aug 17, 2018
Peer Reviewed Not Peer Reviewed
Book Title Law's hermeneutics: other investigations
ISBN 978-1-13812-372-4
Public URL http://eprints.nottingham.ac.uk/id/eprint/35346
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf

Files


Cercel Hermeneutics.pdf (227 Kb)
PDF

Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





You might also like



Downloadable Citations