Beyond Norm and Exception: Guantánamo

Hussain,

doi:10.2307/4497750

Cited by 17 publications

(9 citation statements)

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“…The short genealogy of the transformation of this power shows how these clashes and conflicts played a constitutive role in the construction of this emergency regime, how these policies have displayed a historically 'prosaic' character, and how 'the more diffuse conditions of exceptional laws of all sorts' can easily be found throughout the administrative apparatus of state in Turkey. 84 These structural and diffuse conditions of emergency within the Turkish legal system in fact created a very effective hybrid legal regime which blurs the division between normal and emergency to repress oppositional political activity and dehumanize any political player acting in defiance. In the light of this, recent legal and political developments also showed that Turkey is a clear example of a country in transition from a despotic to a more insidious and subtle emergency regime, structured around the supreme power of the president and organized to suppress democratic opposition and any form of democratic public space.…”

Section: Towards the Institutionalization Of Military Emergency Powermentioning

confidence: 99%

The genesis of the ‘Exceptional’ Republic: the permanency of the political crisis and the constitution of legal emergency power in Turkey

Yılmaz

2019

British Journal of Middle Eastern Studies

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Almost half of the political life has been experienced under the state of emergency and state of siege policies in the Turkish Republic. In spite of such a striking number and continuity in the deployment of legal emergency powers, there are just a few legal and political studies examining the reasons for such permanency in governing practices. To fill this gap, this paper aims to discuss one of the most important sources of the 'permanent' political crisis in the country: the historical evolution of legal emergency power. In order to highlight how these policies have intensified the highly fragile citizenship regime by weakening the separation of power, repressing the use of political rights and increasing the discretionary power of both the executive and judiciary authorities, the paper sheds light on the emergence and production of a specific form of legality based on the idea of emergency and the principle of executive prerogative. In that context, it aims to provide a genealogical explanation of the evolution of the exceptional form of the nation-state, which is based on the way political society, representation, and legitimacy have been instituted and accompanying failure of the ruling classes in building hegemony in the country.

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Section: Towards the Institutionalization Of Military Emergency Powermentioning

confidence: 99%

The genesis of the ‘Exceptional’ Republic: the permanency of the political crisis and the constitution of legal emergency power in Turkey

Yılmaz

2019

British Journal of Middle Eastern Studies

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“…A provocative counterpoint holds that bureaucratic states operate through law-like systems, possibly including courts. Rather than wars and emergencies leading to the absence of law in part via attacks on courts, emergency actions and decisions in wartime lead to "hyperlegality": a proliferation of documents, cases, guidelines, and interpretations of all of them (Hussain, 2007), which can promote surveillance, policing, uncertainty, and judicial deference. Emergencies, war, terrorism, and the hope of holding human rights violators to account thread through individual bureaucratic legal processes (Lokaneeta, 2018).…”

Section: Courts and Political Accountabilitymentioning

confidence: 99%

Introduction to the Research Handbook on Law and Courts

Sterett¹,

Walker²

2019

Research Handbook on Law and Courts

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Susan Silbey (2005: 358) argued that studies of the politics of law needed to take on the creation of consensus at a time of war and polarization when governing is in the hands of wealthy elites. Since she wrote, wars continue, polarization has deepened, authoritarianism has more powerful and vocal advocates, and the electronic media she references have spread. This introduction will take the contests over what courts are for in the context Silbey described.

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“…26 In Sayyida Zaynab, there are multiple, differing, and constantly changing regulations at work. Rather, he argues that the state of exception is marked by the intersection and proliferation of various exceptional legal orders, disciplinary regimes, and administrative classifications.…”

Section: T H E S H R I N E a N D T Ow N O F S Ay Y I Da Z Ay Na Bmentioning

confidence: 99%

Sayyida Zaynab in the State of Exception: Shiʿi Sainthood as “Qualified Life” in Contemporary Syria

Szanto¹

2012

Int. J. Middle East Stud.

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AbstractAccording to Giorgio Agamben, a “state of exception” is established by the sovereign's decision to suspend the law, and the archetypical state of exception is the Nazi concentration camp. At the same time, Agamben notes that boundaries have become blurred since then, such that even spaces like refugee camps can be thought of as states of exception because they are both inside and outside the law. This article draws on the notion of the state of exception in order to examine the Syrian refugee campcumshrine town of Sayyida Zaynab as well as to analyze questions of religious authority, ritual practice, and pious devotion to Sayyida Zaynab. Though Sayyida Zaynab and many of her Twelver Shiʿi devotees resemble Agamben's figure ofhomo sacer, who marked the origin of the state of exception, they also defy Agamben's theory that humans necessarily become animal-like, leading nothing more than “bare lives” (orzoē) in states of exception.

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Beyond Norm and Exception: Guantánamo

Cited by 17 publications

References 0 publications

The genesis of the ‘Exceptional’ Republic: the permanency of the political crisis and the constitution of legal emergency power in Turkey

The genesis of the ‘Exceptional’ Republic: the permanency of the political crisis and the constitution of legal emergency power in Turkey

Introduction to the Research Handbook on Law and Courts

Sayyida Zaynab in the State of Exception: Shiʿi Sainthood as “Qualified Life” in Contemporary Syria

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