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Political Technology and the Erosion of the Rule of Law: Normalising the State of Exception

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ISBN13: 9781783472512
Published: January 2015
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback
Price: £25.00
Hardback edition , ISBN13 9781783472505



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This timely volume by distinguished scholar Gunter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years. The author demonstrates how governments have increasingly sacrificed the rule of law and human rights for the benefit of security programs - as evidenced by a rise in extraordinary measures such as surveillance, detention and torture - thus normalizing the state of exception and privileging preemptive, proactive and coercive methods of political engineering. An interdisciplinary and multi-jurisdictional study, this book develops and implements a unique theoretical and conceptual framework for understanding the rise of technical-political rationality and the fall of the rule of law, and submits both to a firm critique. Particularly relevant in light of current controversies, this provocative book will appeal to scholars and students of international and constitutional law, legal theory, political science, and terrorism studies.

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Subjects:
Constitutional and Administrative Law
Contents:
Preface
1. A Critique of Political Technology
2. Visions of Political Technology
3. Constellations of Law-Rule and the State of Exception
4. The State of Exception as Mindset and Doctrine
5. Political Extremism and the Militancy of Law-Rule
6. Normalizing the State of Exception: Counter-Terrorism and 'Whatever it Takes'
7. Normalizing Torture as a Technique of Governing: What the 'Exigencies of War' Demand?
Afterword