De l’état d’exception au problème de la validité juridique
Exception state to the problem of the lawful validity

Summary/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.

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