The Law under the Swastika

Stolleis, Michael; Dunlap, Thomas

doi:10.7208/chicago/9780226075327.001.0001

Cited by 8 publications

(1 citation statement)

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“…And who just like the Faustian apprentice sorcerer, released each time with its terrible inventions, forces which were seemingly unbeknownst. After the revolutions of 1918 and the exceptions emerging in Europe from Germany (Stolleis 1998;Kivotidis 2020;Lavis 2020) to Italy (Skinner 2013) and to Romania (Cercel 2020b;Cercel 2013) emerge the black shirts, the green shirts, the freikorps and so on. After the article 48, follows the Enabling Act, just as after the state of siege follows overt dictatorship.…”

Section: Exception: the Shattered Nomos Of Europementioning

confidence: 99%

Pandemic, Exception and the Law: Notes on the Shattered Nomos of Europe

Cercel

2021

FOI

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In this article I propose a critical evaluation of the current European politico-legal landscape that unfolds under the conditions of the COVID-19 pandemic. My aim is to offer an analysis of the symbolic status of legality in this context and to reflect on its historical trajectory, by introducing it in a longer historical timescale than usually proposed as well as by insisting on the specific nexus between emergency legislation and authoritarian ideologies within Europe. In doing so I propose a new genealogy of the state of exception apt to articulate the relationship between the force of law, legal normativity, and ideology in modern capitalism. The thesis that I defend here is a simple one: the ongoing pandemic has operated a historical acceleration that the law, understood here as medium that articulates power symbolically in a public and ostensible manner, is not able to catch up with. To substantiate this thesis, I venture first to take stock of the existing theories, analyses and narratives on the relation between the pandemic and the politico-legal landscape of Europe. In doing so I shall focus first on traditional constitutional law accounts and on Italian philosopher Giorgio Agamben’s criticism of the legal responses to the pandemic. Following this analysis, I move towards a situation of the pandemic within the sphere of the multiple crises befalling Europe that have become visible since 2015. At this stage I draw attention to the manifold layers of emergency legality and states of exception that have been sapping the liberal democratic nomos putatively defended within Europe. In a third move, I embark on a synoptical clarification of the relationship between law, ideology and the history of class struggle. In a fourth and last intervention I intend to assess the current nexus between the pandemic, exception and the law as a specific form of dissolution of the liberal nomos.

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Section: Exception: the Shattered Nomos Of Europementioning

confidence: 99%

Pandemic, Exception and the Law: Notes on the Shattered Nomos of Europe

Cercel

2021

FOI

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Violence in Fascist Criminal Law Discourse: War, Repression and Anti-Democracy

Skinner

2012

Int J Semiot Law

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Law's Past and Europe's Future

Curran¹

2005

Ger. law j.

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As Europe forges its legal order, constitution, and self-understanding, many appear to believe that identifying and enacting laws and a legal framework that correspond to shared concepts of justice and human rights will solve the problem of legalized barbarism which once plagued Europe and which has been a recurrent feature throughout time and across the globe. The historical propensity of courts, even in democratic states, to legitimate and enable policies of persecution and discrimination provides compelling evidence that the current level of faith in law is misplaced.

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The Law under the Swastika

Cited by 8 publications

References 0 publications

Pandemic, Exception and the Law: Notes on the Shattered Nomos of Europe

Pandemic, Exception and the Law: Notes on the Shattered Nomos of Europe

Violence in Fascist Criminal Law Discourse: War, Repression and Anti-Democracy

Law's Past and Europe's Future

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