Secrecy as an exception: The fine line Between law and non-law
Journal title SOCIOLOGIA DEL DIRITTO
Author/s Corrado Punzi
Publishing Year 2017 Issue 2017/2
Language Italian Pages 24 P. 59-82 File size 478 KB
DOI 10.3280/SD2017-002003
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The article examines the link between secret and the rule of law, wondering if the secret constitutes an exception, a rule or a paradox. Mainly by adopting the disenchanted perspective of so-called philosophies of difference - and, in particular, that of systems theory - it deconstructs the idea of Enlightenment publicity as a principle of legal order, demonstrating how it is only apparently antithetical to secrecy: secret, in fact, is the original and constitutive core of the modern rule of law, a necessary tool for concealing its paradoxes. It is the portrait of a figure who lies on the border between law and non-law, in a relation of circularity with neighboring figures between an inside and an outside, such as violence and the state of exception.
Keywords: Secret - Publicity - Democracy - Exception - Violence - Paradoxes
Corrado Punzi, Segreto come eccezione: sul confine tra diritto e non-diritto in "SOCIOLOGIA DEL DIRITTO " 2/2017, pp 59-82, DOI: 10.3280/SD2017-002003