Techno-regulation and law: rule, exception or state of exception?: A comment to Han Somsen and Luigi Corrias

Netherlands Journal of Legal Philosophy 40 (2):131-138 (2011)
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Abstract

Luigi Corrias challenged Han Somsen’s plea for an effective regulation in the wake of an impending ecological catastrophe. This article takes up some of the arguments that have been exchanged: First, the paper criticises Corrias’s call for an ‘eco-logos’ as an ethical evasion of the political dimension that regulations aiming at a radical policy change necessarily entail. Secondly, it disputes the assumption that Somsen’s argument invites the notion of Carl Schmitt’s state of exception. Thirdly, the paper discusses the possible effects that code law might have on the concepts of agency and citizenship

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Oliver W. Lembcke
Friedrich Schiller Universität, Jena

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