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Means of Law
The Dialectic of the State of Emergency and Human Rights
Means of Law
The Dialectic of the State of Emergency and Human Rights
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Description
Means of Law rethinks the relationship between the state of emergency and human rights as a dialectic.
Challenging the widespread assumption that emergency powers and individual rights stand in simple opposition, Jonas Heller argues that they are structurally and functionally complementary. At the heart of this complementarity lies the modern concept of the legal person. Modern law liberates individuals from the forms of traditional rule only at the cost of new forms of domination, since the legal person who is the subject of human rights is also the means by which the state can exercise political agency.
Departing from a sustained engagement with the works of Carl Schmitt and Giorgio Agamben, the book reconstructs the juridical form of modern law as a dialectic between entitlement and disenfranchisement. Human rights appear not only as normative limits on state power but also as legal means through which individuals are constituted, addressed, and regulated as a population. Likewise, the state of emergency is shown not merely as a suspension of law, but as an intensified form of state action that draws on the same juridical structures that underwrite rights.
Finally, Means of Law develops an alternative proposal for understanding the link between the state of emergency and human rights via Franz Neumann's critique of the concept of the legal person, returning to the question of sovereignty as that which allows the state to act upon the people by means of law.
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Table of Contents
Introduction: On the Relationship Between the State of Emergency and Human Rights
Part I: Theory of Juridical Form
1. State of Exception and the "Form of Law" According to Carl Schmitt
2. State of Exception and "Statutory Form" According to Giorgio Agamben
Part II: Body and Person
3. Critiques of Human Rights: Body, State, Nation
4. Person and Exception: Human Rights and the State of Emergency as Means of Law
Conclusion: The Dialectic of Entitlement and Disenfranchisement
Notes
References
Index
Detailed Table of Contents
Product details
| Published | 12 Nov 2026 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Pages | 304 |
| ISBN | 9781350578166 |
| Imprint | Bloomsbury Academic |
| Publisher | Bloomsbury Publishing |
About the contributors
Reviews
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Jonas Heller succeeds not only in interpreting the classics of political philosophy in a way that still inspires surprising insights, but also in applying them to contemporary political developments. By offering a nuanced critique of the entanglement of human rights with sovereignty, this thoughtful book challenges the liberal belief that the law can safeguard us from state overreach – a crucial insight for understanding contemporary politics, especially with respect to increasingly authoritarian states and their security measures.
Daniel Loick, Associate Professor of Social and Political Philosophy at the University of Amsterdam, The Netherlands, and author of A Critique of Sovereignty (2018).

























