Reviewing the Contours of the National Community: The Body Politic Beyond and Below the 38th Parallel
Abstract
Whom a state designates as its adversaries and how it confronts them are the most salient parts of the politics of enmity. Yet, the defense of society is as much geared toward opposing a “them” as protecting a sense of “us.”1 The contours of the national body can appear through the looking glass of enmity. The definition of the former and the delineation of the latter are intertwined, especially when security threats are associated with a conflict of sovereignty in which the very boundaries of the nation-state are at stake. In this case, if the enemy is always constituted as the “other,” he is not necessarily an “alien.” On the contrary, he may even be envisioned as a potential or future member in the community of national subjects. This chapter complements the analysis of how the Constitutional Court of Korea has redefined enmity by examining the ways in which its jurisprudence has reviewed a variety of laws that highlight criteria of inclusion in, and conditions of exclusion from, the collective body partly contradicting the National Security Act. Overall, a topography of membership and dangerousness irreducible to the 38th parallel will emerge from this part of the research.
Keywords
National Security Regime Transition Legal Order National Community Body PoliticPreview
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Notes
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