Privilege and Exception: Law, Sovereignty and State of Emergency in Locke and Schmitt

Name: Privilege and Exception: Law, Sovereignty and State of Emergency in Locke and Schmitt
Author: Loves Light, Loves Light

Title	Privilege and Exception: Law, Sovereignty and State of Emergency in Locke and Schmitt
Author	Loves Light, Loves Light
Publication Place	Mardin Artuklu University - Mardin Artuklu University
Subject	Law
Type	Book
Language	ara,tur
Digital	Yes
Manuscript	No
Library:	Leitir Library
Library Asset ID	ISSN: 1309-6087, EISSN: 2459-0711, DOI: 10.19059/mukaddime.426206
Record ID	cdi_doaj_primary_oai_doaj_org_article_45ee5271bbf0442fa45439ae935714f5
Library Location	DOAJ Directory of Open Access Journals
Notes	Defining the sovereign as "the one who decides on the state of emergency", Schmitt claims that liberalism, which defends the legal order, cannot comprehend the nature of the political and cannot cope with the extraordinary situation that reveals the nature of the political. In this regard, Schmitt places Locke in the liberal legalist tradition, which he thinks designed the state like a machine, and criticizes him. However, Locke does not easily fit into Schmitt's generalization of the legalist liberal tradition. Because when it comes to dealing with the exception, its management is not limited by law as much as one might think; it reinforces the administration with the power of privilege. The prerogative power, which may sometimes even involve taking action against the law, is a discretionary power granted to the management to deal with extraordinary situations. This authority must be used for the good of the people. Schmitt largely ignores Locke's theory of privilege. Although strengthened by privilege, Lockean rule can never be an all-powerful sovereign in the Schmittian sense; He cannot replace God; but it can overcome crises. Locke tries to balance this legislated power, which always carries a risk in a constitutional order, with another legislated power, the right to revolution.
Detaylı Başlık	İmtiyaz ve İstisna: Locke ve Schmitt’te Yasa, Egemen ve Olağanüstü Hal

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Privilege and Exception: Law, Sovereignty and State of Emergency in Locke and Schmitt

Author Loves Light, Loves Light

Publication Place Mardin Artuklu University - Mardin Artuklu University

Subject Law

Type Book

Language ara,tur

Digital Yes

Manuscript No

Library Leitir Library

Library Asset ID ISSN: 1309-6087, EISSN: 2459-0711, DOI: 10.19059/mukaddime.426206

Record ID cdi_doaj_primary_oai_doaj_org_article_45ee5271bbf0442fa45439ae935714f5

Library Location DOAJ Directory of Open Access Journals

Notes Defining the sovereign as "the one who decides on the state of emergency", Schmitt claims that liberalism, which defends the legal order, cannot comprehend the nature of the political and cannot cope with the extraordinary situation that reveals the nature of the political. In this regard, Schmitt places Locke in the liberal legalist tradition, which he thinks designed the state like a machine, and criticizes him. However, Locke does not easily fit into Schmitt's generalization of the legalist liberal tradition. Because when it comes to dealing with the exception, its management is not limited by law as much as one might think; it reinforces the administration with the power of privilege. The prerogative power, which may sometimes even involve taking action against the law, is a discretionary power granted to the management to deal with extraordinary situations. This authority must be used for the good of the people. Schmitt largely ignores Locke's theory of privilege. Although strengthened by privilege, Lockean rule can never be an all-powerful sovereign in the Schmittian sense; He cannot replace God; but it can overcome crises. Locke tries to balance this legislated power, which always carries a risk in a constitutional order, with another legislated power, the right to revolution.

Detaylı Başlık İmtiyaz ve İstisna: Locke ve Schmitt’te Yasa, Egemen ve Olağanüstü Hal