Absence and disappearance in law

Forced disappearance is the consequence of illegal and clandestine practices committed by out of control punitive powers, but social disappearance is also the effect of public policies where the law intervenes. In this text we inquire how the law produces absence and disappearance in the field of pu...

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Main Author: Ramón Sáez Valcárcel
Format: Article
Language:English
Published: Oñati International Institute for the Sociology of Law 2018-03-01
Series:Oñati Socio-Legal Series
Subjects:
Online Access:https://opo.iisj.net/index.php/osls/article/view/1010
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author Ramón Sáez Valcárcel
author_facet Ramón Sáez Valcárcel
author_sort Ramón Sáez Valcárcel
collection DOAJ
description Forced disappearance is the consequence of illegal and clandestine practices committed by out of control punitive powers, but social disappearance is also the effect of public policies where the law intervenes. In this text we inquire how the law produces absence and disappearance in the field of public and private law, looking specifically on the mechanism the law uses to manage those situations between representation, legal or voluntary, and exception. The refugee, the undocumented migrant, the enemy, are paradigmatic examples in the processes and in the dispositifs through which law invisibilize and remove some subjectivities, not only outside of public space, but also of the protection of the State; it replace and substitute persons and individuals that the State is going to represent and that other are going to act in their names.
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publisher Oñati International Institute for the Sociology of Law
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series Oñati Socio-Legal Series
spelling doaj-art-65cee2a864d34540b0349f7ef8118c082025-08-20T02:33:39ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712018-03-019219820810.35295/osls.iisl/0000-0000-0000-1022925Absence and disappearance in lawRamón Sáez ValcárcelForced disappearance is the consequence of illegal and clandestine practices committed by out of control punitive powers, but social disappearance is also the effect of public policies where the law intervenes. In this text we inquire how the law produces absence and disappearance in the field of public and private law, looking specifically on the mechanism the law uses to manage those situations between representation, legal or voluntary, and exception. The refugee, the undocumented migrant, the enemy, are paradigmatic examples in the processes and in the dispositifs through which law invisibilize and remove some subjectivities, not only outside of public space, but also of the protection of the State; it replace and substitute persons and individuals that the State is going to represent and that other are going to act in their names.https://opo.iisj.net/index.php/osls/article/view/1010lawabsencedisappearancerepresentationexception
spellingShingle Ramón Sáez Valcárcel
Absence and disappearance in law
Oñati Socio-Legal Series
law
absence
disappearance
representation
exception
title Absence and disappearance in law
title_full Absence and disappearance in law
title_fullStr Absence and disappearance in law
title_full_unstemmed Absence and disappearance in law
title_short Absence and disappearance in law
title_sort absence and disappearance in law
topic law
absence
disappearance
representation
exception
url https://opo.iisj.net/index.php/osls/article/view/1010
work_keys_str_mv AT ramonsaezvalcarcel absenceanddisappearanceinlaw