Le non-droit, l’état d’exception et l’incertitude juridique comme outils de domination politique

Abstract

This paper aims to confront two notions that have acquired a particular importance in contemporary reflections on the law: the notion of “un-law” (“Unrecht” or “non-droit”), that was constructed after the second WW in order to think about the specific nature of “Nazi law”; and the notion of “state of exception” (“Ausnahmezustand” or “état d’exception”), which is now commonly tied up with the idea of juridical anomie. This confrontation extends the analysis that is especially exposed by the very concept of “un-law”, in order to think about the possibility of a “monstrous law” in a functional way, and not in a substantial one. In return, this new light will help to think of the discontinuities between a “state of exception” and a “state of un-law”.

Keywords

• un-law
• state of exception
• anomie
• Nazi law
• anthropology
• psychology