"Zones of a-legality" as a paradigm of the modern legal order from the perspective of poststructuralist philosophy of law

The article examines the challenges of interpreting the phenomenon of legality within a contemporary school of intellectual thought, as articulated in the works of G. Agamben. Unlike traditional conceptions of law and legality, which focus on the formal operation of legal norms and the role of coercion in the realization of law in public life, poststructuralist philosophical-legal approaches identify and discuss the problem of understanding legality under states of exception or when political power systematically resorts to legal exemptions. The essence of this approach lies in the assertion that in the modern world, the state of exception has become a kind of paradigm, the rule upon which typical practices of governance and the operation of law are founded. The study demonstrates that for poststructuralists, particularly Agamben, a key undertaking is the development of a concept of law not as a coercive regulatory instrument, but as a gesture expressing the normal state of legal communication, as well as of the grey zones of legality where law is operationalized through the introduction of exceptions. The research employs methods of structural and comparative analysis, interpretation of G. Agamben's writings, and provides a critical assessment of his concept of "homo sacer." Based on textual analysis, the origins of his ideas on modern politics and law are identified, along with the explanatory tools used by representatives of poststructuralism to substantiate their legal concept of a-legality. The novelty of the conducted research lies in its comprehensive and critical examination of the content and specifics of G. Agamben's legal and political views. Agamben's legal perspectives have the potential to influence the development of contemporary conceptions of legal understanding and human rights in the context of legal exemptions and states of emergency. The article highlights the specific features of his interpretation of the role and significance of state coercion in law, and the possibility of interpreting law as a phenomenon manifesting in the modern world in complex and borderline situations, particularly those associated with exceptional or emergency conditions. Ultimately, contemporary philosophy of law is enriched by a detailed and critically problematic understanding of certain popular trends in the discussion of the most crucial issues of politics and law, legal order and legality.