Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Exceptional Justice: A Discourse Ethical Contribution To The Immigrant Question, David Ingram
Exceptional Justice: A Discourse Ethical Contribution To The Immigrant Question, David Ingram
David Ingram
I argue that the exception must be a legitimate possibility within law as a revolutionary project, in much the same way that civil disobedience is. In this sense, the exception is not outside law if by "law" we mean not positive law as defined by extant legal documents (statutes, legislative committee reports, written judgments, etc.) but law as a living tradition consisting of both abstract norms and a concrete historical understanding of them. So construed, the exception is what can be exemplary - a law unto itself that best interprets and creatively extends (and transcends) the law that already exists, …