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Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

2017

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Arts and Humanities

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Democratic States Of Unexception: Towards A New Genealogy Of The American Political, William J. Novak, Stephen W. Sawyer, James T. Sparrow Jan 2017

Democratic States Of Unexception: Towards A New Genealogy Of The American Political, William J. Novak, Stephen W. Sawyer, James T. Sparrow

Book Chapters

This chapter takes issue with the history and theory of exception along these three lines. The first section offers a critique of the idea of law at the heart of the theory of exception. By taking a closer look at the history and theory of law in early nineteenth-century America, it offers an alternative reading of the role of exception in Emerson’s America – a place and time in which the exception in law was anything but exceptional. The second section offers a critique of the idea of state and sovereignty at the heart of the theory of exception in …