Le droit (d’exception) économique contre l’État de droit
The article looks at the theory of exception developed by two American jurists, Eric Posner and Adrian Vermeule after 9/11 and after the 2008 economic crisis. Following the thought of these authors, one can set up a theoretical and political strategy which consists in making crises and exceptional s...
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| Materyal Türü: | Article ou chapitre numérique |
| Dil: | Français |
| Baskı/Yayın Bilgisi: |
2025
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| Online Erişim: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Özet: | The article looks at the theory of exception developed by two American jurists, Eric Posner and Adrian Vermeule after 9/11 and after the 2008 economic crisis. Following the thought of these authors, one can set up a theoretical and political strategy which consists in making crises and exceptional situations the key to a profound transformation of the (American) liberal state and, more specifically, a means to submit the law to an economic rationale structured around the market model. This strategy refers to certain elements of the German jurist Carl Schmitt’s state of exception theory, less in an attempt to attack the rule oflaw head on than to make it an outdated reality, or even a totally anachronistic “empty word”. |
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