LAW n+state of exception

" Agamben calls the originary relation of exception ban [bando]: he who has been banned is not simply outside the law, but is rather abandoned by it, that is, exposed to the threshold of indifference in which exterior and interior, life and law become indistinguishable, and this is law’s originary relation to life.

In The Time that Remains (2000), Agamben recaps the argument in 3 points:

1) The relation of exception presents an absolute indeterminacy of inside and outside. In the state of exception, the law is in force in the form of its suspension, it applies in withdrawing itself, and thus includes what it rejects; this means that there is  no outside of the law, that the law, by including its outside in the form of exception, coincides with reality itself.

2) This means that in the state of exception it is impossible to distinguish between compliance and transgression. In this sense, the law, since it coincides purely and simply with reality, is absolutely unenforceable: unenforceability is thus the originary figure of the norm.

3) Therefore, in the state of exception, the law is absolutely nonformulable, it no longer – or not yet – presents the form of a prescription or a prohibition. In the state of exception the law acts uniquely through its non-formulability.

Schmitt’s account of the exception, by isolating the decisionistic and thus anomic core of all juridical and political systems, tells the truth about the political and the nature of law. We live today, even in Western so-called democracies, in a Schmittian world."

    from  carlo Salzani, The sentence is the goal:agamben's notion of law