Being unnamed by a state’s administrative lexicon places one outside legal protection

Evidence

The failure to fit (in) amounts to being a social outcast, named if at all as stranger or terrorist and racially as not white, the generic anomaly to whom in one’s particularity and specificity the language fails to refer. To fail to be referenced by the lexicon is to fall outside the law, to be unadministered save as the object of expulsion and abjection, removed or at least removable in the state’s name to a place beyond its borders or to institutionalized holding pens such as prisons. — David Theo Goldberg, The Racial State, 83

Categorization

  • XREF: Connects to Kafka’s Josef K. and Arendt’s statelessness — those outside naming fall outside law. — connects to: A legislature’s omission of a known exception signals deliberate intent to exclude it — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1872; Administrative law is best defined negatively as all rule-making left after excluding other branches — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 541