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The Rule of Crisis

Terrorism, Emergency Legislation and the Rule of Law

  • Pierre Auriel
  • Olivier Beaud
  • Carl Wellman

Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 64)

Table of contents

  1. Front Matter
    Pages i-viii
  2. Pierre Auriel
    Pages 1-11
  3. Concepts and Justification of Emergency Legislations

    1. Front Matter
      Pages 35-35
    2. Tom Sorell
      Pages 37-60
    3. Alon Harel, Assaf Sharon
      Pages 101-118
  4. Risk and Failure of Emergency Legislations

About this book

Introduction

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. 


Keywords

Emergency Legislation State of Exception State of Emergency Anti-terrorism Law War on Terror Conceptual Analysis and Emergency Legislation Sober Hobbesianism How Does French Law Deal With the State of Emergency Counter-terror Measures With International Human Rights Law Judging Martial Law in Poland

Editors and affiliations

  • Pierre Auriel
    • 1
  • Olivier Beaud
    • 2
  • Carl Wellman
    • 3
  1. 1.Université Paris-II Panthéon-AssasParisFrance
  2. 2.Université Paris-II Panthéon-AssasParisFrance
  3. 3.Department of PhilosophyWashington University in St. LouisSt. LouisUSA

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-74473-5
  • Copyright Information Springer International Publishing AG, part of Springer Nature 2018
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-74472-8
  • Online ISBN 978-3-319-74473-5
  • Series Print ISSN 1534-6781
  • Series Online ISSN 2214-9902
  • Buy this book on publisher's site