Manufacturing Emergencies

2002 ◽  
Vol 19 (4) ◽  
pp. 91-102 ◽  
Author(s):  
Ryan Bishop ◽  
John W.P. Phillips
Keyword(s):  
Normal State ◽  
Underground Economy ◽  
The State ◽  
Sovereign Power ◽  
State Of Emergency ◽  
Intrinsic Connection ◽  
States Of Emergency ◽  
The Invisible

The article examines the distinction between the state of emergency and the normal state and an inherent undecidability at the base of the distinction. We argue that states of emergency arise from strategic sovereign decisions to divide visible from invisible, enemy from ally, underground economy from above-ground, illegitimate war from legitimate war. The capacity to so divide is manifested, for instance, in the technology of air raid sirens in a way that indicates the momentum of the technicity that covertly underlies sovereign power. The article, furthermore, shows how the distinction between the visible and the invisible can serve as a mystification, perpetuating the state of emergency by disguising the intrinsic connection between the two domains.

scholarly journals Militarised violence in the service of state-imposed emergencies over Palestine and Kenya

2015 ◽  
Vol 6 (3) ◽  
pp. 6-37
Author(s):  
Annie Pfingst
Keyword(s):  
State Violence ◽  
The State ◽  
Sovereign Power ◽  
State Of Emergency ◽  
Sovereign State ◽  
Post Colonial ◽  
States Of Emergency ◽  
Common Practices ◽  
Archival Record ◽  
Shed Light

States of Emergency are declared against the disorder-ing of state sovereign power by acts of resistance, rebellion and revolt and are characterised by the technologies of control, containment and punishment. Through spatial, archival and visual encounters with emergency landscapes and the geographies of resistance, the essay considers the historic and contemporary operations, provisions, regulations and practices authorised under state-imposed emergencies. It does so in order firstly, to bring attention to the practices authorised through state-imposed emergencies and the currency and saliency of their ongoing effects, and secondly to re-frame the militarised violence of settlement/occupation as an integral part of state-imposed emergencies in which all that is necessary will be done to protect the sovereign state from the resistance of the colonised/occupied and to effect a return to ‘order’.   Through encounters with the archival record, and the architectures, remnants and territorial arrangements found in post-colonial Kenya and across the multiple geographies of Palestine, the essay draws out seven clusters of state imposed emergency practices and effects. The work grapples with a number of questions: what is it that a declared state of emergency performs for the state? Does a state of emergency enable particular forms of militarised violence? Are there common practices to be found across different modes of state-imposed emergencies? What is the genealogy to the states of emergency across Palestine and Kenya? Does our excavation of the practices of state-imposed emergency shed light on the ways we apprehend state violence in colonial, post-colonial and neo-colonial geographies? 

Public Security in the Polish Law on State of Emergency

2016 ◽  
Vol 8 (1) ◽  
pp. 91-100
Author(s):  
Bernard Wiśniewski
Keyword(s):  
The State ◽  
Public Security ◽  
State Of Emergency ◽  
Constitutional Order ◽  
Security Environment ◽  
States Of Emergency ◽  
The Republic ◽  
Polish Law ◽  
The Impact ◽  
The Relationship

This article presents the essential issues in the provisions of the law relating to public security in force in the Republic of Poland which are used in conditions of extraordinary internal threats that cannot be dealt with using ordinary legal tools. The considerations are based on an analysis of the legally regulated obligations of the state as a political organisation to society for securing the conditions for its survival in a changing security environment. This serves to present the basic issues of public security and the rules for the use of the State instruments for states of emergency. The rest of this article presents the relationship between issues of public security and a state of emergency. In this part of the article it is essential to discuss the circumstances that must exist to be able to employ specific legal measures in the conditions of threats to the constitutional order of the State and threats affecting the security of the citizens or of public order (including those caused by terrorist activities). Consequently, it discusses the impact of the rigours of a state of emergency in relation to the potential for limiting the escalation of these threats. The final part of the article also presents other instruments, apart from the state of emergency which, in the Polish legal system, can be used in the fight against threats which endanger public security and that are related to prohibited activities in cyberspace.

Notstandskontrolle

2019 ◽  
Author(s):  
Felix Weber
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The State ◽  
European Convention ◽  
Level System ◽  
State Of Emergency ◽  
Sovereign State ◽  
Judicial Control ◽  
States Of Emergency ◽  
Multi Level

Between 2015 and 2017, France, Turkey and Ukraine, as member states of the European Convention on Human Rights, declared a state of emergency according to Art. 15 ECHR. The events associated with the suspension of Convention rights show the current significance of the legal standardisation of political and social states of emergency. In the end it is all about the question of who ultimately controls the state of emergency: the sovereign state, the state community with a supranational judicial control, or both in terms of a horizontal overlapping of powers in the European multi-level system? Art. 15 ECHR still leaves unanswered questions to which the Strasbourg organs have responded over the years with a differentiated jurisprudence and with the granting of a certain margin of discretion. The book deals with these issues in the light of ECtHR case law and case studies on France, Turkey and Ukraine.

scholarly journals Stany nadzwyczajne stan wojenny, stan wyjątkowy, stan klęski żywiołowej w konstytucji Rzeczypospolitej Polskiej

2016 ◽  
Vol 106 ◽  
pp. 19-27
Author(s):  
Marcin Miemiec
Keyword(s):  
Crisis Management ◽  
Natural Disaster ◽  
Legal System ◽  
The State ◽  
Public Order ◽  
Martial Law ◽  
State Of Emergency ◽  
Emergency Situations ◽  
States Of Emergency ◽  
Democratic State

EXTRAORDINARY MEASURES MARTIAL LAW, STATE OF EMERGENCY, STATE OF NATURAL DISASTERThe Constitution regulates the organisation and functioning of the most important organs of the state, the rules governing the relations between the state and citizens, as well as basic rights, freedoms and duties of citizens. The Constitution allows for restriction of these laws only by legislation, and only when it is necessary in a democratic state for its security or for the protection of public order, environmental protection, health and public morality, for the rights and freedoms of others. It is unacceptable to violate the essence of freedoms and rights. The restrictions are subject to police laws’ regulations. When the police measures are insufficient, applicable are legislations on extraordinary measures: martial law, state of emergency, state of natural disaster. The Constitution defines the following rules for the implementation of these states: uniqueness, legality, proportionality, purpose, protection of the legal system basics, protection of the representative bodies. They are the directives of interpretation of other regulations of the discussed Chapter of the Constitution and the regulations of statutes on emergency situations. A kind of competition for legislation on states of emergency may be provisions of the Act on Crisis Management.

Human and Civil Rights and Freedoms in a State of Natural Disaster and Epidemic Emergency

2021 ◽  
Vol 13 (1) ◽  
pp. 133-142
Author(s):  
Robert Socha ◽  
António Tavares
Keyword(s):  
Civil Rights ◽  
Natural Disaster ◽  
Civil Liberties ◽  
World Health Organisation ◽  
The State ◽  
World Health ◽  
State Of Emergency ◽  
States Of Emergency ◽  
The Social ◽  
The Republic

On 11th March 2020, the World Health Organisation (WHO) declared a state of pandemic. In turn, on 21 March 2020, the Minister of Health, by way of a regulation, declared a state of epidemic in the territory of the Republic of Poland. At the same time, the decision resulted in the introduction of many restrictions concerning, inter alia, freedom of movement, assembly and trade. At the same time, discussions started on the constitutionality of the introduced restrictions on civil liberties. Having the above in mind, the aim of this article is to present the correlation in the sphere of limiting or suspending civil liberties in a state of emergency, such as a state of natural disaster, and in “non-emergency” states, such as a state of epidemic threat and a state of pandemic. Although the word “state” appears in the three mentioned legal situations, the state of natural disaster, as one of the three constitutional states of emergency, creates a different legal and socio-political situation than the state of epidemic threat or the state of pandemic. A common feature of the above-mentioned events, however, is that they became a fundamental disruption of the social context of individual and group functioning in connection with the occurrence of a human infectious disease.

scholarly journals Intervenciones Artísticas: Estado de Excepción en México

2019 ◽  
Vol 7 (1) ◽  
pp. 48
Author(s):  
Pablo Estévez
Keyword(s):  
New York ◽  
The State ◽  
Carl Schmitt ◽  
Literary Texts ◽  
State Of Exception ◽  
Comparative Approach ◽  
State Of Emergency ◽  
States Of Emergency ◽  
Mexican Society ◽  
The Social

The movement of Zapatista rebellion in Chiapas, Mexico began in 1994, succeeding in generating a change in Mexican society by valuing indigenous liberation practices. However, a state of emergency is instituted in Zapatista territories according to laws that grant amnesty and regulate the legal vacuum. Certain Mexican artists such as Erick Beltrán, Gabriel Kuri, Abraham Cruzvillegas and Pablo Kubli, contribute critical reflections with works sustained in the context of pure violence of the State. The theoretical framework is constrained by the theories of Carl Schmitt, Walter Benjamin, Giorgio Agamben and Achille Mbembe, who contribute to the understanding of the state of exception that the State implements by modifying sovereignty and Human Rights. The method used in the article corresponds to the reception of literary texts. The artistic pieces that are integrated by Pablo Kubli represent the interdisciplinary contribution of the social sciences and the practice of art, with images, schemes and interventions that are argumentative reflections of the environment of globalized violence, and of social resistance to the paradigm of modification of autonomy in intervened regions. In addition, a comparative approach with states of emergency of globalized countries is proposed according to the events of September 11, 2001 in New York and March 11, 2004 in Madrid, among others. Starting from the Mexican experience and from global countries, the term of sovereignty is modified by the violence of the State over territories cut off by the permanence of the state of exception and restrictions on constitutional guarantees.

“I'd make thee eat the mischief thou hast vented”: Discourse of Law in Ben Jonson's Catiline His Conspiracy

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu
Keyword(s):  
Early Modern ◽  
Political Discourse ◽  
Legal Discourse ◽  
The State ◽  
The Political ◽  
State Of Emergency ◽  
Gunpowder Plot ◽  
Effective Use ◽  
Legal Procedures ◽  
The Way

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.

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