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MedLine Citation:
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PMID: 21348176 Owner: HMD Status: In-Process |
Abstract/OtherAbstract:
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The tensions between judicial and executive authorities regarding so-called Gypsies in fin de siècle Germany and Italy reveals an inherent contradiction between the universalist dictates of the modern Rechtsstaat and the requirements of building a national state free of perceived outsiders. The frustration of executive authorities with judicial authorities who insisted on protecting the universalist individual enshrined in law pushed executive authorities to utilize the 'state of exception' to achieve their vision of the national community. Rather than choosing to create illiberal laws that would expressly exclude Gypsies from the national body, and would resolve the tension with the judiciary, authorities in Germany and Italy instead chose to go around the law by treating Gypsies as an exception not subject to the law. The state of exception not only deprived those labelled as Gypsies of a method of resistance, since many were able to use unwilling courts to protect them from over-zealous executive authorities, but also created a group of stateless people, persecuted and lacking basic human rights. |
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Authors:
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Jennifer Illuzzi |
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Publication Detail:
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Type: Journal Article |
Journal Detail:
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Title: Social history Volume: 35 ISSN: 0307-1022 ISO Abbreviation: Soc Hist Publication Date: 2010 |
Date Detail:
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Created Date: 2011-01-28 Completed Date: - Revised Date: - |
Medline Journal Info:
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Nlm Unique ID: 100970472 Medline TA: Soc Hist Country: England |
Other Details:
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Languages: eng Pagination: 418-38 Citation Subset: Q |
Affiliation:
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St. Catherine University, St. Paul, MN. |
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From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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