States of Emergency in Liberal Democracies

Author(s):  
Nomi Claire Lazar
2011 ◽  
Vol 9 (1) ◽  
pp. 69-78 ◽  
Author(s):  
David Dyzenhaus

Outside the Law: Emergency and Executive Power. By Clement Fatovic. Baltimore: Johns Hopkins University Press, 2009. 368p. $55.00.Emergency Politics: Paradox, Law, Democracy. By Bonnie Honig. Princeton: Princeton University Press, 2009. 218p. $26.95.States of Emergency in Liberal Democracies. By Nomi Claire Lazar. New York: Cambridge University Press, 2009. 190p. $80.00.In the wake of 9/11, many political scientists and theorists in the United States of America turned their attention to the topic of emergencies. That required them to confront a fundamental question: Are emergencies to be studied as important in their own right, as altogether exceptional events that threaten the very existence of a society in unforeseeable ways? Or are they important, not because they are radically distinct from the normal situation of politics, but because they bring to the surface otherwise implicit aspects of normal politics?


2020 ◽  
Vol 63 (1) ◽  
pp. 85-100
Author(s):  
Arseniy D. Kumankov

The article considers the modern meaning of Kant’s doctrine of war. The author examines the context and content of the key provisions of Kant’s concept of perpetual peace. The author also reviews the ideological affinity between Kant and previous authors who proposed to build alliances of states as a means of preventing wars. It is noted that the French revolution and the wars caused by it, the peace treaty between France and Prussia served as the historical background for the conceptualization of Kant’s project. In the second half of the 20th century, there is a growing attention to Kant’s ethical and political philosophy. Theorists of a wide variety of political and ethical schools, (cosmopolitanism, internationalism, and liberalism) pay attention to Kant’s legacy and relate their own concepts to it. Kant’s idea of war is reconsidered by Michael Doyle, Jürgen Habermas, Ulrich Beck, Mary Kaldor, Brian Orend. Thus, Doyle tracks democratic peace theory back to Kant’s idea of the spread of republicanism. According to democratic peace theory, liberal democracies do not solve conflict among themselves by non-military methods. Habermas, Beck, Kaldor appreciate Kant as a key proponent of cosmopolitanism. For them, Kant’s project is important due to notion of supranational forms of cooperation. They share an understanding that peace will be promoted by an allied authority, which will be “governing without government” and will take responsibility for the functioning of the principles of pacification of international relations. Orend’s proves that Kant should be considered as a proponent of the just war theory. In addition, Orend develops a new area in just war theory – the concept of ius post bellum – and justifies regime change as the goal of just war.


Author(s):  
Christie Hartley

In modern liberal democracies, the gendered division of labor is partially the result of men and women making different choices about work and family life, even if such choices stem from social norms about gender. The choices that women make relative to men’s disadvantage them in various ways: such choices lead them to earn less, enjoy less power and prestige in the labor market, be less able to participate in the political sphere on an equal basis, make them to some degree financially dependent on others, and leave them at a bargaining disadvantage and vulnerable in certain personal relationships. This chapter considers if and when the state should intervene to address women’s disadvantage and inequalities that are the result of gender specialization. It is argued that political liberals can and sometimes must intervene in the gendered division of labor when persons’ interests as free and equal citizens are frustrated.


Author(s):  
Hermann Heller

This 1927 work addresses the paradox of sovereignty, that is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt who seek to dissolve the paradox, this text sees the tensions that the paradox highlights as an essential part of a society ruled by law. Sovereignty, in the sense of national sovereignty, is often perceived in liberal democracies today as being under threat, or at least “in transition,” as power devolves from nation states to international bodies. This threat to national sovereignty is at the same time considered a threat to a different idea of sovereignty, popular sovereignty—the sovereignty of “the people”—as important decisions seem increasingly to be made by institutions outside of a country’s political system or by elite-dominated institutions within. This text was written in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, it shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.


Author(s):  
Anushka Singh

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.


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