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Opinión Jurídica

Print version ISSN 1692-2530On-line version ISSN 2248-4078

Abstract

COSSIO-SEPULVEDA, Diego León  and  GIRALDO-URREGO, Laura María. The State of Exception as a Rule. A Critical Look on the Emergency Generated by COVID-19. Opin. jurid. [online]. 2020, vol.19, n.spe40, pp.277-294.  Epub Sep 20, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n40a14.

The following article seeks to present and sustain the concept of State of excep tion as a modern creation that is updated in the context of the current pandemic, as it complies with the validity of the ideas of progress. The method used was of a philosophical nature, which appeals to the concept of wondering, from which the possibility of revealing reality from the hidden recovery unfolds. The results of the reflection have to do with the reaffirmation of several points: the sovereign as the creator of regulations that undermine the human condition; the State of exception and its risks in the preservation of precarious lives and the normative and abstract overflow in times of the current pandemic. As important conclusions of the work, it is highlighted how paradoxical the State of exception can be since, on the one hand, it is created to protect the concrete life and, in turn, uses it to respond to exceptionalism, and on the other, it stands as a possibility of return ing to a past, ignoring the responsibility of renewal for building a different future.

Keywords : modernity; progress; law; state of exception; pandemic; violence..

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