Abstract

SAMIR BENAVIDES, Farid. Exception, decision and law in the writings of Carl Schmitt. Argumentos (Méx.) [online]. 2006, vol.19, n.52, pp.125-145. ISSN 0187-5795.

In this paper I want to show an analysis of Schmitt's ideas, focusing on two of his central concepts: the paradox of the exception and the juridification of the exception. It is my claim that Agamben's analysis of Schmitt misses one important aspect of his work, that is, his conception of the exception in Schmitt and the theory of the concrete order as the way to solve the paradox of the exception. I will do this by analyzing the transformation on Schmitt s ideas since his analysis of the dictatorship to his study of the nomos the earth.

Keywords : Estado de excepción; Schmitt; Agamben; Estado de derecho.

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