Exceptionality in Law

Abstract

Thomas Poole introduces his interesting book on the reason of state and prerogative by defining legal exceptionalism as a thematization of exceptional powers in crisis situations. He relates this concept to three different, albeit related, phenomena: a) emergency powers, b) state of exception, and c) prerogative. He examines each of these in relation to his main object of interest, the reason of state.1 I consider it useful to give more general thought to exceptionality in law in a book devoted to states of exception. But let us begin with a brief note on the exceptionality of law.