chapter  5
32 Pages

Steven DeCaroli (2007), 'Boundary Stones: Giorgio Agamben and the Field of Sovereignty', in Matthew Calarco and Steven DeCaroli (eds), Giorgio Agamben: Sovereignty and Life, Stanford, CA: Stanford University Press, pp. 43-69

The exception appears in its absolute form when it is a question of creating a situation in which juridical rules can be valid. Every general rule demands a regular, everyday frame of life to which it can be factually applied. The rule requires a homogeneous medium. This factual regularity is not merely an "extern al presupposition" that the jurist can ignore; it belongs, rather, to the rule's immanent validity. There is no rule that is applicable to chaos. Order must be established for juridical order to make sense. A regular situation must be created, and sovereign is he who definitely decides if this situation is actually effective. Alilaw is "situationallaw." The sovereign creates and guarantees the situation as a whole in its totality.5