The Rule of Crisis

Description

This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law. Front Matter ....Pages i-viii Introduction (Pierre Auriel)....Pages 1-11 Conceptual Analysis and Emergency Legislation (Carl Wellman)....Pages 13-33 Front Matter ....Pages 35-35 Emergencies in Sober Hobbesianism (Tom Sorell)....Pages 37-60 The State of Exception and the Terrorist Threat—An Obsolete Combination (François Saint-Bonnet)....Pages 61-70 The Continued Exceptionalism of the American Response to Daesh (Kent Roach)....Pages 71-99 Dignity, Emergency, Exception (Alon Harel, Assaf Sharon)....Pages 101-118 Front Matter ....Pages 119-119 Reconciling International Human Rights Law with Executive Non-trial-Based Counter-Terror Measures: The Case of UK Temporary Exclusion Orders (Helen M. Fenwick)....Pages 121-156 Polish Martial Law on the Docket—Judging the Past and the Clash of Judicial Narratives (Jerzy Zajadło, Tomasz Tadeusz Koncewicz)....Pages 157-183 Emergency as a State of Mind—The Case of Israel (Suzie Navot)....Pages 185-212 The French Case or the Hidden Dangers of a Long-Term State of Emergency (Cécile Guérin-Bargues)....Pages 213-228 “Anything Goes”: How Does French Law Deal with the State of Emergency? (Olivier Beaud)....Pages 229-240 The German Reticence Vis-à-Vis the State of Emergency (Matthias Jestaedt)....Pages 241-251