Link for Jim - Law & Homo sacer & the state of exception

Actually this might interest a couple of people on the Sutton front. 
Since somehow Agamben disects dichotomous structures.

barbara


http://www.germanlawjournal.com/article.php?id=437

"2] Agamben:  The State of Exception belongs to a series of
genealogical essays that follow on from Homo Sacer and which should
form a tetralogy.  Regarding the content, it deals with two points.
The first is a historical matter: the state of exception or state of
emergency has become a paradigm of government today.  Originally
understood as something extraordinary,an exception, which should have
validity only for a limited period of time, but a historical
transformation has made it the normal form of governance.  I wanted to
show the consequence of this change for the state of the democracies
in which we live.  The second is of a philosophical nature and deals
with the strange relationship of law and lawlessness, law and anomy. 
The state of exception establishes a hidden but fundamental
relationship between law and the absence of law.  It is a void, a
blank and this empty space is constitutive of the legal system."




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