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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.

Details

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

Article
Publication date: 16 February 2022

Erin Jade Twyford and Warwick Funnell

This study examines how accounting practices used by Deutsche Bank could conceal its role in the destruction of Jewish financial life (bios) as part of the Nazis'…

Abstract

Purpose

This study examines how accounting practices used by Deutsche Bank could conceal its role in the destruction of Jewish financial life (bios) as part of the Nazis' Aryanisation policy to eliminate Jews from German business as a prelude to their annihilation.

Design/methodology/approach

This study uses a close-reading method that draws upon a wide range of primary and secondary sources. The study is informed by Giorgio Agamben's theorisations on the state of exception and the duality of the example and exception.

Findings

The successful implementation of the Nazis' corporative economic model necessitated the cooperation of Aryan businesses to instrumentalise the financially exploitative process of Aryanisation. Accounting was part of the Nazi-Deutsch rhetoric used to disguise expropriation of Jewish businesses and other assets and, thereby, facilitate the eradication of the financial bios of Jews who owned German banks. Unknown to the Nazi authorities, Deutsche Bank, while a significant medium for Aryanisation, sought to ameliorate the long-term effects on Jewish owners, thereby recognising that not all those within Nazi Germany were fully committed disciples of Nazism.

Research limitations/implications

The findings of this study identify how accounting practices were part of a Nazi policy designed to eliminate Jews from the German economy. The use of accounting as a form of “Nazi-Deutsch” functioned to disguise Aryanisations. The importance of these contributions of accounting practices calls for further research into the role of business and accounting in the attempted eradication of people.

Originality/value

The paper is the first to consider the process of Aryanisation in Nazi Germany (1933–1945) as a specific historiographical subject. Presented through the examination of the Aryanisation actions of Deutsche Bank, this study demonstrates the tension between Nazi ideology, the capitalist model and the culpability of accounting practices as a means to reinterpret morality to create the exception that allowed the Nazis to effectively remove all legal protections for Jews.

Details

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

Keywords

Book part
Publication date: 4 August 2022

Michael T. Stevenson

This chapter generally concerns how elements of liberal democratic constitutional discourse have functioned to normalize emergency and possible state of exception

Abstract

This chapter generally concerns how elements of liberal democratic constitutional discourse have functioned to normalize emergency and possible state of exception governance during the COVID-19 pandemic. More specifically, the chapter focuses on the transference of legislative power to the executive under conditions of emergency rule and how it is possible for delegated emergency lawmaking to operate beyond the limits of what is constitutionally permissible; thus, triggering a state of exception. The chapter uses the deployment emergency rule during the pandemic in The Bahamas as a case study to show how ambivalence and legal uncertainty were the two principal drivers of the normalization process produced by elements of constitutional discourse, and then further explains how constitutionalism, generally, and in its dysfunctional application, can reinforce the processes normalizing emergency and possible state of exception governance.

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.

Details

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

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…

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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.

Details

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

Keywords

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.

Details

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

Keywords

Article
Publication date: 11 October 2021

Sebastian Knebel, Mario D. Schultz and Peter Seele

This paper aims to outline how destructive communication exemplified by ransomware cyberattacks destroys the process of organization, causes a “state of exception,” and…

Abstract

Purpose

This paper aims to outline how destructive communication exemplified by ransomware cyberattacks destroys the process of organization, causes a “state of exception,” and thus constitutes organization. The authors build on Agamben's state of exception and translate it into communicative constitution of organization (CCO) theory.

Design/methodology/approach

A significant increase of cyberattacks have impacted organizations in recent times and laid organizations under siege. This conceptual research builds on illustrative cases chosen by positive deviance case selection (PDCS) of ransomware attacks.

Findings

CCO theory focuses mainly on ordering characteristics of communication. The authors aim to complement this view with a perspective on destructive communication that destroys the process of organization. Based on illustrative cases, the authors conceptualize a process model of destructive CCO.

Practical implications

The authors expand thoughts about a digital “corporate immune system” to question current offensive cybersecurity strategies of deterrence and promote resilience approaches instead.

Originality/value

Informed by destructive communication of cyberattacks, this theory advancement supports arguments to include notions of disorder into CCO theory. Furthermore, the paper explains where disruptions like cyberattacks may trigger sensemaking and change to preserve stability. Finally, a novel definition of ‘destructive CCO’ is provided: Destructive Communication Constitutes Organization by disrupting and destroying its site and surface while triggering sensemaking and becoming part of sensemaking itself.

Details

Journal of Information, Communication and Ethics in Society, vol. 20 no. 1
Type: Research Article
ISSN: 1477-996X

Keywords

Open Access
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…

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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.

Details

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

Keywords

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

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…

1517

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

Keywords

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