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Book part
Publication date: 26 September 2006

Charles R. Venator Santiago

Giorgio Agamben has used the notion of the state of exception to describe the United States’ detention camps in Cuba. Agamben argues that the use of the state of exception

Abstract

Giorgio Agamben has used the notion of the state of exception to describe the United States’ detention camps in Cuba. Agamben argues that the use of the state of exception in the U.S. can be traced back to President Lincoln's suspension of the right of habeas corpus during the Civil War. This paper suggests that this argument obscures more relevant legal and political precedents that can be found in U.S. territorial legal history. Moreover, while Agamben's argument obscures conceptual distinctions between a state of emergency and a state of exception, his argument also provides resources that can expose the limits of liberal interpretations of the relationship between the State, the citizen, and the law.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-76231-323-5

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Book part
Publication date: 10 April 2007

Sherene H. Razack

I discuss the case of Hassan Almrei, one of the five Arab men detained as suspects who have the potential to engage in terrorism. Hassan Almrei's detention arises out of a…

Abstract

I discuss the case of Hassan Almrei, one of the five Arab men detained as suspects who have the potential to engage in terrorism. Hassan Almrei's detention arises out of a section of the Immigration and Refugee Protection Act of Canada that authorizes security certificates. A security certificate permits the detention and expulsion of non-citizens who are considered to be a threat to national security. Detainees have no opportunity to be heard before a certificate is issued and a designated judge of the Federal Court reviews most of the government's case against the detainee in a secret hearing at which neither the detainee nor his counsel is present. The detainee receives only a summary of the evidence against him. I discuss this legal situation as a state of exception that is part of a legal structure in which non-citizens have fewer rights than do citizens. Two conceptual tools shape my understanding of security certificates and their use in the “war on terror”: race thinking and the state of exception. The five detainees are more than simply victims of racial profiling. Their Arab origins, and the life history that mostly Arab Muslim men have had, operate to mark them as individuals likely to commit terrorist acts, people whose propensity for violence is indicated by their origins. When race thinking, the belief in the division of humanity into those prone to violence and those who are not according to racial descent, is accompanied by the idea that there must be two different, hierarchical legal regimes for each, and when we begin to grow accustomed to places without law and to people to whom the rule of law does not apply, we enter the terrifying world of the colonies and the concentration camp. This article examines how a space where law is suspended operates in the “war on terror” and it attends to the work that ideas about race do in the environment of the exception.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-7623-1324-2

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Article
Publication date: 2 May 2008

Deirdre Tedmanson

This paper aims to trace the genealogy of state violence on Palm Island to argue forms of “colonial” control over Indigenous governance and organisational life persist in…

Abstract

Purpose

This paper aims to trace the genealogy of state violence on Palm Island to argue forms of “colonial” control over Indigenous governance and organisational life persist in Australia. Using Agamben's theories of homo sacer, sovereign power and state of exception, the paper seeks to reveal the biopolitical nature of two centuries of abuses against Indigenous Australians. Arguably, past and recent tragedies on Palm Island show how juridico‐political regimes continue to subvert the citizenship and human rights of many Indigenous Australians – their sovereignty, governance structures and organisations. The purpose of the paper is to develop a greater focus in postcolonial writing on current political issues, by combining critical theory with grounded narratives of lived experiences and contemporary events.

Design/methodology/approach

Insights from political theorist Agamben are used to critically analyse the management of violence on Palm Island. The paper draws on documents from the public record, such as historical accounts, legislation, parliamentary Hansard and records of government inquiries, as well as first hand media commentaries of recent events. These textual data form the empirical and evidentiary base from which broader theoretical conceptualisations of this case are discussed.

Findings

The paper finds the lingering effects of past exclusion/s are inscribed in the discursive environment and continue to animate the power relations that effect the life and death experiences of Indigenous Australians today. It finds utility and relevance in applying Agamben's theories of the camp, state of exception and homo sacer, to extend postcolonial understandings of contemporary Indigenous contexts. The legitimacy and derivative power of organizations is compromised during times ofexception” and this raises important theoretical issues worthy of further exploration from both a critical management studies and postcolonial perspective.

Originality/value

This paper applies Agamben's theories in an original way to the postcolonial context. It extends theoretical understandings of racial oppressions and organisational consequences.

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Critical perspectives on international business, vol. 4 no. 2/3
Type: Research Article
ISSN: 1742-2043

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Book part
Publication date: 15 July 2021

Özlem Duva Kaya

The pandemic entering our lives globally challenges us to think about questions related to the cities and new forms of social life as the cities are never seen last any…

Abstract

The pandemic entering our lives globally challenges us to think about questions related to the cities and new forms of social life as the cities are never seen last any longer without a crisis. There have been various debates among philosophers on this issue. Some philosophers reject the new administration policies by claiming that the ‘physical distance’ required for health has been used for power under the name of ‘social distance’ with the custody of the street and point out that these policies have created new forms of control, among economically, politically, and socially. Some others are more hopeful and believe that the crisis can build a new economic and social life; it can be an opportunity to find a new starting point; especially from being confined in the pandemic process. The author will refer to Agamben’s thoughts to understand how the state of exception turned into a rule and how it affects street politics. In this context, COVID-19 is seen as a ‘state of exception’ that normalises all the dominative practices, strengthens sovereignty by designing the social/economical life like a camp. In the pandemic process, people were accustomed to isolation by the administrations under the name of social distance, just like in a camp life. At this point, Agamben’s analysis should be understood in relation to a biopolitical paradigm and can be expanded to reflect on street economy, street politics, and the life of cities.

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A New Social Street Economy: An Effect of The COVID-19 Pandemic
Type: Book
ISBN: 978-1-80117-124-3

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Article
Publication date: 1 March 2021

Michele Andreaus, Leonardo Rinaldi, Caterina Pesci and Andrea Girardi

The purpose of this paper is to explore the role of accountability in times of exception. The Italian government's account-giving practices are critically analysed with…

Abstract

Purpose

The purpose of this paper is to explore the role of accountability in times of exception. The Italian government's account-giving practices are critically analysed with respect to the distinct modes in which duties of accountability are discharged for the exceptional measures taken during the early stages of the COVID-19 pandemic outbreak in early 2020.

Design/methodology/approach

This paper draws on an exploratory case study. The case analysis draws primarily on data obtained through publicly available documents and covers the period between January 1 and August 7, 2020.

Findings

The paper reveals that the Italian government employed various accountability styles (rebuttal, dismissal, reactive, proactive and coactive). Each style influenced both how the government justified its conduct and how it sought to form distinctive relationships with social actors.

Originality/value

The paper uses the notion of “styles of accountability” to empirically illustrate how an unprecedented public governance challenge can reveal broader accountability trends. The paper contributes to accountability research by elucidating how governments tackle ambiguity and uncertainty in their systems of public accountability in extraordinary times.

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Journal of Public Budgeting, Accounting & Financial Management, vol. 33 no. 4
Type: Research Article
ISSN: 1096-3367

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Article
Publication date: 1 March 2012

Terence Garrett

The author presents the experiences of a (re)founding organizer of a local union chapter in South Texas. The union member’s experience in organizational development under…

Abstract

The author presents the experiences of a (re)founding organizer of a local union chapter in South Texas. The union member’s experience in organizational development under circumstances that are politically and economically hostile to employee rights - particularly the ability of faculty associations to offer protection to its membership in the current national anti-union political environment - is evaluated. The case is made here that the State is continually using its sovereign executive and legislative power to extract rights from those whom it makes exceptions, particularly unions. Politicians and higher education executives are simultaneously attempting to remove, effectively weaken and devalue the craftsmanship of worker knowledge at the organizational level. An interpretation of the overall case study is assessed using the knowledge analytic

Details

International Journal of Organization Theory & Behavior, vol. 15 no. 1
Type: Research Article
ISSN: 1093-4537

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Article
Publication date: 1 December 2007

AMR A G Hassanein and Halaa M F Afify

This research aimed at identifying the most significant risks relevant to construction contracts of two power station projects in Egypt. These were large scale, fast‐track…

Abstract

This research aimed at identifying the most significant risks relevant to construction contracts of two power station projects in Egypt. These were large scale, fast‐track projects where a multi‐package contracting plan was utilized. Further, the study investigated how risks were perceived and managed by a large sample of Egyptian and international contractors who participated in the execution of these two major projects. A checklist of risk categories was developed to aid contractors in their risk identification effort. The compilation of this checklist identified the following risk categories: 1) owner’s obligations; 2) interface with other contractors; 3) liability risks; 4) financial risks; 5) risks related to changes; 6) technical risks and 7) consortium risks. Research results identified a marked lack of consistency in the contractors’ risk identification effort. Contractors possessing past experience in Egypt were far better able to identify the relevant risks. On the other hand, local Egyptian contractors with vast experience in Egypt but limited project management experience were shown to lack the necessary expertise to properly identify risks and to take the appropriate exceptions. Furthermore, the results revealed that bidders do not include in their proposals their “true” lists of exceptions which represent genuine risks to them.

Details

Journal of Financial Management of Property and Construction, vol. 12 no. 3
Type: Research Article
ISSN: 1366-4387

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Article
Publication date: 8 July 2021

Valerio Antonelli, Michele Bigoni, Warwick Funnell and Emanuela Mattia Cafaro

The paper examines how accounting and accounting experts provided important contributions to the Italian government's strategy to address the COVID-19 emergency in 2020…

Abstract

Purpose

The paper examines how accounting and accounting experts provided important contributions to the Italian government's strategy to address the COVID-19 emergency in 2020, especially in terms of implementing new rules of conduct and providing justification for penetrating interventions in the life of individuals.

Design/methodology/approach

The paper adopts an interdisciplinary approach by drawing upon Agamben's concepts of the state of exception, bare life and biosecurity to understand the purposes of the decrees issued by the Italian government and data provided to the citizens in the “daily bulletin” on the crisis by the Civil Protection Department.

Findings

Accounting data provided essential contributions to the government's strategy that sought to spread disquiet and uncertainty in the population to ensure compliance with the strict rules in place, thereby sustaining the management of the country under a state of exception.

Social implications

The study draws attention to the way in which accounting provides justification for measures that are promoted as provisional but which have enduring effects, most importantly the ability of governments in the future to suspend the rights of individuals. It shows how accounting can influence people's behaviour and contribute to the development of a permanent state of exception that significantly increases government prerogatives.

Originality/value

The work contributes to the literature on accounting and emergencies by studying the use of accounting information as a subtle means to ensure support for extreme government actions and ultimately as a political tool that promotes biosecurity as a new government paradigm.

Details

Accounting, Auditing & Accountability Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0951-3574

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The Rise of Hungarian Populism: State Autocracy and the Orbán Regime
Type: Book
ISBN: 978-1-83867-751-0

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Abstract

Details

The Rise of Hungarian Populism: State Autocracy and the Orbán Regime
Type: Book
ISBN: 978-1-83867-751-0

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