Skip to main content

Accessus Accessus - “Nede hath no law”: The State of Exception in Gower and “Nede hath no law”: The State of Exception in Gower and Langland Langlan

1 “Nede hath no law”: The State of Exception in Gower and Langland Conrad van Dijk Concordia University of Edmonton, conrad.vandyk@concordia.ab.ca In his book State of Exception, the Italian philosopher Giorgio Agamben traces the idea of the exception of the law from Roman law to the modern state. In the process, he touches on the maxim necessity has no law (necessitas legem non habet), an adage that suggests that in exceptional circumstances the law is temporarily suspended. Agamben argues that in the Middle Ages this maxim was used only to “justify a single, specific case of transgression by means of an exception.”1 Aquinas, for instance, suggests that the sovereign may grant dispensations from the law. Gratian discusses anomalies where the Mass is performed in an unconsecrated place, or where a person has been made a bishop but is subsequently discovered to be unsuitable. Such examples show that the argument from necessity was used only in exceptional circumstances:  

Necessity is not a source of law, nor does it properly suspend the law; it merely releases a particular case from the literal application of the norm . . . . What is at issue here is clearly not a status or situation of the juridical order as such (the state of exception or necessity); rather, in each instance it is a question of a particular case in which the vis and ratio of the law find no application.21. Giorgio Agamben, State of Exception (Chicago: University of Chicago Press, 2005), 24. 2. Ibid., 25. [https://scholarworks.wmich.edu/cgi/viewcontent.cgi?article=1010&context=accessus]

Comments

Popular posts from this blog

Vox Cantoris vs. Aqua

The Catholic Monitor commenter Aqua had this to say to the Vox Cantoris website: Aqua said… Fred, your topic here reminds me of a dust-up, a few days ago, on Vox Cantoris. He asserted that it is our duty as Christians to wear masks to the Holy Sacrifice of the Mass if the government tells us we must, or they will close our Churches. My response to him was that I find it inconceivable that an orthodox Catholic, such as himself, would ever submit to unjust dictates from secular government over how we approach Our Lord in Holy Mass. My response to him was that the Mass belongs to Catholics and we decide, within the bounds of Tradition, and in accord with the Word of Jesus, how we conduct ourselves in Holy Mass. Only one authority prevails over Mass and that is our God and the Sacred Tradition given by Him to guide us in all times and places. Understand, there is nothing inherently wrong with wearing a mask to Mass. But there is EVERYTHING wrong with wearing a symbol...

Might Biden be a Liar & Predator like McCarrick?

September 15, 2020   Everyone knows that sexual predator ex-cardinal Theodore McCarrick is a liar. His whole life was a lie of betrayal of the most sacred vows he took and the violation of the moral tenets of the Catholic faith which he desecrated. Most people don't realize that part of this desecration of lies included lying for "gravely sinful" Democrats like Joe Biden. McCarrick protected Biden when then head of the Congregation for the Doctrine of the Faith Cardinal Joseph Ratzinger (later to be Pope Benedict XVI) wrote that bishops were not to admit to Communion politicians like "gravely sinful" Biden who supports the killing of unborn babies. McCarrick lied for politicians like Biden by ignoring the important parts of the Ratzinger letter and told bishops not to ignore the Catholic Church law.  Last year, Fr. Robert Morey denied Holy Communion to the “gravely sinful” Biden following a "2004 decree signed jointly by the bishops of ...