GOVERNING (IM)MIGRATION THROUGH SYSTEMIC INDIFFERENCE

2020 ◽  
pp. 66-90
Author(s):  
ANA MARÍA LÓPEZ NARBONA
Keyword(s):  
Social Control ◽  
Rule Of Law ◽  
Social Order ◽  
State Of Exception ◽  
Humanitarian Crisis ◽  
The Rule Of Law ◽  
Nation States ◽  
New Form ◽  
Democratic Nation

Western democratic nation-states are governing (im)migration through systemic indifference. Social order and the rule of law are not honored because immigrants are only subject to this new form of social control (necropolitics, refusal of entry in humanitarian crisis, border outsourcing, and permanent state of exception on borders). This article analyses different ways of governing migration through indifference, why systemic indifference is the new social control, and deepens in the internal contradictions of democratic nation-states in times of mass migrations, aged societies, populisms, and the reinforcement of whiteness. Do we confront a catharsis of democratic paradigms?

scholarly journals GOVERNING (IM)MIGRATION THROUGH SYSTEMIC INDIFFERENCE

2020 ◽  
pp. 66-90
Author(s):  
ANA MARÍA LÓPEZ NARBONA
Keyword(s):  
Social Control ◽  
Rule Of Law ◽  
Social Order ◽  
State Of Exception ◽  
Humanitarian Crisis ◽  
The Rule Of Law ◽  
Nation States ◽  
New Form ◽  
Democratic Nation

Western democratic nation-states are governing (im)migration through systemic indifference. Social order and the rule of law are not honored because immigrants are only subject to this new form of social control (necropolitics, refusal of entry in humanitarian crisis, border outsourcing, and permanent state of exception on borders). This article analyses different ways of governing migration through indifference, why systemic indifference is the new social control, and deepens in the internal contradictions of democratic nation-states in times of mass migrations, aged societies, populisms, and the reinforcement of whiteness. Do we confront a catharsis of democratic paradigms?

State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
The Political ◽  
British India ◽  
Fourth Section ◽  
The Rule Of Law ◽  
China And India ◽  
The People ◽  
History Of

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.

The Moral Dimension of Constitutional Faith

2011 ◽  
Author(s):  
Sanford Levinson
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
Social Order ◽  
Moral Dimension ◽  
The Rule Of Law ◽  
Law And Morality ◽  
The Relationship

This chapter considers the relationship between the Constitution—and the sovereign people ostensibly represented in its terms—and morality. Constitution faith requires the linkage of law and morality even as most twentieth-century jurisprudence has emphasized their analytic separation. All calls for renewed faith in the rule of law and renewal of the constitutional covenant imply that submission to the Constitution will create not only order but also the conditions of a social order worthy of respect. In order to see the logic and desirability of submission to the rule of the Constitution, the assumed linkage between it and morality must be closely examined.

Sovereignty, RIP

2020 ◽  
Author(s):  
Don Herzog
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
League Of Nations ◽  
The Political ◽  
The Rule Of Law ◽  
Classic Theory ◽  
Political Struggles ◽  
State Authority ◽  
Historical Detail

Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we've gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at complaints about the League of Nations, and much more—this book charts both the political struggles that forged sovereignty and the ones that undid it. The book argues that it's no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It's time to retire sovereignty.

Comparative Law and the Islamic (Middle Eastern) Legal Culture

2006 ◽  
pp. 608-640 ◽  
Author(s):  
Chibli Mallat
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Middle Eastern ◽  
Comparative Law ◽  
Legal Culture ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Third ◽  
Nation States ◽  
Western Side

This article examines comparative law in Islamic legal culture. The first section discusses the comparative framework in Islamic law and civilization. The second section describes the rule of law in the prism of the legal profession. The third section discusses the notions of public and private in issues such as constitutions, contracts and torts, and family law. A millennium and a half after the Islamic revelation, unrest and violence associated with the Islamic/Middle Eastern world make one wonder, from a comparative perspective, whether West and East are not on a collision course precisely because of their diametrically opposed concepts of law. On the Western side, law is associated with nation-states and their territory; on the Islamic/Middle Eastern side, law is dominated by the personal dimension, defined on the basis of religion and even sect within that religion.

Conclusion: Torture in a State of Exception

2021 ◽  
pp. 179-188
Author(s):  
Deana Heath
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
State Of Exception ◽  
Colonial Rule ◽  
Nationalist Movement ◽  
The Rule Of Law ◽  
Colonial India ◽  
High Profile ◽  
British Colonial ◽  
Primary Form

Colonial Terror concludes by exploring how the attempts of the British colonial regime in India, in the decades following the Madras torture commission, to deny the ongoing prevalence of torture in the Indian police began to unravel in the early twentieth century thanks to the emergence of a voluble Indian press and a mass nationalist movement. But it was not until 1909, following the failures of a series of high-profile ‘conspiracy’ trials due to the ongoing reliance of the police on extorted confessions as their primary form of evidence, combined with pressure exerted by yet another group of reformist MPs, that torture once again erupted into scandal. The Indian and British governments were thus forced to act, but although the actions they took exposed the sheer scale of police torture in colonial India, they did little, once again, to attempt to eradicate it, since eradication was impossible thanks to the importance of torture to the maintenance of colonial rule. They endeavoured, instead, to make it disappear by renaming it, as well as to transform India into a fully-fledged state of exception in which police torture could continue to flourish, freed from the constraints placed on it by the rule of law.

scholarly journals The Rule of Law and the Extraordinary Situation

2021 ◽  
Vol 6 (1) ◽  
pp. 65-72
Author(s):  
András Karácsony ◽  
Szabolcs Nagypál
Keyword(s):  
Rule Of Law ◽  
Social Life ◽  
Legal Order ◽  
Carl Schmitt ◽  
State Of Exception ◽  
The European Union ◽  
Giorgio Agamben ◽  
The Rule Of Law ◽  
National Crisis ◽  
Political Decisions

The various legal theorists dealing with the operation and effect of law have mostly examined situations that can be described as occurring in the usual, regular, normal state of social life. Over the last half century, and particularly since the formation and later enlargement of the European Union, the requirement of the rule of law has emerged as a key topic. The test of the rule of law is as follows: it is necessary to examine in an abnormal situation or, as it were, in an extraordinary situation exactly how it is possible to take political decisions that are of fundamental importance to society while also guaranteeing that these decisions remain within the rule of law at all times.The aim of this study is to investigate how and by what constitutional mandate the Hungarian Government deviated from the normal constitutional situation in 2020. The “state of exception” theorised by Carl Schmitt and Giorgio Agamben means the suspension of the law. It is important to understand their views in order to see that the Hungarian situation in 2020 is utterly dissimilar to such a state of exception. In short, we need to distinguish a state of exception from an extraordinary situation, because the latter does not imply the suspension of law in general or, more specifically, the suspension of the rule of law, but that parliamentary and government decisions remain within it. The special legal order applied in an extraordinary situation is not in fact a suspension of democracy, still less of the rule of law. On the contrary, it actually falls within both: in a state of national crisis, this situation is democracy itself and the rule of law itself, and – accordingly – strict laws (both democratic and imposed within the rule of law), or rather laws of cardinal importance, make its conditions and its functioning possible and regulate it.

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