State of exception

A state of exception (German: Ausnahmezustand) is a concept introduced in the 1920s by the German philosopher, jurist and Nazi Party member Carl Schmitt, similar to a state of emergency (martial law) but based in the sovereign's ability to transcend the rule of law in the name of the public order and the survival of a state. Its difference to a state of emergency lies in the two concepts' diverging relationship to the law; while a state of emergency is considered to be mostly declaratory, a state of exception is considered to be more politically significant, as it nullifies the legal validity of certain legal orders by the sovereign decision.


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