Human Rights in Democracies by Peter Haschke

Author:Peter Haschke [Haschke, Peter]
Language: eng
Format: epub
Tags: International Relations, Political Science, General, Diplomacy
ISBN: 9781351660778
Google: uFI8DwAAQBAJ
Goodreads: 36811723
Publisher: Routledge
Published: 2017-11-01T00:00:00+00:00

5.B Violations as exception

I here briefly outline Agamben’s argument and contrast it with Christian Davenport’s mechanisms of repression. Agamben’s argument suggests that physical integrity rights continue to be violated precisely when it becomes impossible to conceive of these rights in terms of traditional rights of citizens of a state. He argues that by means of the state of exception, democracies can cease to function as democracies and can temporally and spatially suspend the democratic order.

In a series of books on the nature and origins of law and sovereign power, Giorgio Agamben explicitly articulates a forceful critique of the nation-state and implicitly of the human rights enterprise (1998; 2005; 2008; 2011). His critique rests on a model of the state that takes Carl Schmitt’s criticism of Hobbes’ Leviathan as its starting point.15 Regarding the origin of sovereignty, Agamben writes,

The state of nature is not a real epoch chronologically prior to the foundation of the City but a principle internal to the City, which appears at the moment the City is considered tanquam dissoluta, “as if it were dissolved.”

(Agamben, 1998, 105)

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