Research On Giorgio Agamben's Thought Of State Of Exception

The state of exception is one of the most important concepts in the Agamben ideology of contemporary Italian left-wing thinkers.In general,the state of exception is a state in which a state or its judicial order is in the midst of a survival crisis or special crisis,and thus has to suspend its normal legal system for the time being.Based on Agamben is the first thinker who systematically demonstrates the idea of exceptional state,it is very important for us to study the exception state thought of Agamben to understand the development of the whole state of exception.Agamben's idea of state of exception is mainly to undertake the interpretation and reconstruction of Schmidt's theory of sovereign decision and Benjamin's thought of Isaiah.Based on this,the following is a simple introduction to the structure of this article.The introduction part mainly discusses the research origin of the thesis,the present research situation of Agamben state of exception at home and abroad,and the research methods used in this paper.Then,according to the practice of the thesis writing of the History of thought,the first part mainly introduces the life,works and ideological origins of Agamben.The formation of Agamben's state of exception thought has benefited to a great extent from its interpretation and critique of Schmidt and Benjamin.The second and third part of the thesis is the core part of the article.The second part mainly explains the concept of the state of exception,the paradox of exception and the development history of the state of exception.In general,the state of exception is a state in which a State or its judicial order is in a crisis of survival or a particular crisis,and thus has to suspend its normal legal system for the time being.The paradox of state of exception is embodied in the following three points: the state of exception implies the limitation of the law,in which the state may take any(illegal)measures to restore the legal order,which means that law and lawlessness exist in the state of exception at the same time;To better understand the absurdity of the exceptional state itself,Agamben the history of the state of exception from ancient times to the development of a simple comb,in Agamben view,regardless of the ancient suspension of law,marriage(carnival),or the current countries(Europe and the United States)of the emergency legislation are reflected in the exception of the law and the existence of the paradox.The third part of the thesis focuses on Agamben the construction process of the state of exception.As Agamben himself has said,his state of exception of mind is that Benjamin criticizes and transcends Schmidt.Specifically,Agamben's state of exception thought originated from his discovery of the "secret giants" dialogue between Schmidt and Benjamin--the controversy over the theory of the state of exception.Then this paper explains the interpretation and critical process of Schmidt's state of exception of Agamben.In his two works of "dictatorship" and "Political Theology",Schmidt presented the exceptional status as "dictatorship" and "sovereign's decision".In Agamben's view,regardless of whether Schmidt presents state of exception as "dictatorship" or "sovereign's decision",the fundamental aim is to include the exception in the legal order,thus the state of exception becomes the bridge linking law and lawlessness.However,Agamben pointed out that Schmidt's theory of state of exception is paradoxical,because the Agamben that the sovereign as the decisive exception is difficult to rid itself of the paradox which is both within and outside the law.In this sense,Agamben that Schmidt's attempt to incorporate state of exception into the legal order is not tenable and lacks basic legitimacy.Thus,Agamben constructs its state of exception thought,Agamben thinks that the state of exception is actually a boundary sill,in essence is exists in between the law and the illegality a blank zone,is the norm and the fact cannot sew between the fissure.Agamben even conceived to construct a messianic exception.In the Forth part,the thesis evaluates the state of exception thought of the superiority and limitation two of Agamben.Agamben's idea of the state of exception opens another window to our understanding of the current state of democracy and the rule of law in the west,which keeps us alert to the tendency of the state of exception to be normalized and routine in modern state governance.At the same time,Agamben's state of exception thought has its drawbacks,Agamben although the state of exception has become a model of modern social governance,but he has not proposed any feasible measures to solve the problem.