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Democracy, Emergency, and Arbitrary Coercion
A Liberal Republican View
Series: - Studies in Moral Philosophy, Volume: 7
Author:
States of emergency are declared by governments with alarming frequency. When they are declared, it is taken for granted that their nature is understood. This book argues against this established view. Instead, the view advanced here analyzes what makes emergencies different from other types of similar events. Defending a hybrid liberal/republican approach, the book proposes that states of emergency are in fact poorly understood and therefore needlessly mismanaged when they occur. This mismanagement leads to a troubling derogation of established liberal democratic rights in the name of an unattainable form of hollow security. Further, the book argues that the existing rights of citizens ought to be defended (and not simply derogated) during states of emergency. Failure to do so is failure to comply with the formal values of liberal democracy itself.
Nick C. Sagos holds a Ph.D. in Political Philosophy from the University of Montreal. He studied at McGill University, The New School for Social Research, and Concordia University. He is published in Transactions of the C.S. Peirce Society and is a contributor to American Philosophy: An Encyclopedia.
Introductionâ
Two Philosophical Ideals of Liberal Democracyâ 1
1 Constitutional Democracy and the Issue of Emergencyâ 13
The Paradox of Emergencyâ13
Derogation and Coercion during (Liberal) Emergenciesâ20
Emergency: Its Character and Literatureâ25
Emergencies as a Conceptual Problemâ32
Emergencies Defined via Minimalist Criteriaâ36
The Misuse of Emergency Legislationâ39
Emergencies, Rules, and Parametersâ41
The Arbitrary Nature of Emergency and Its Neglectâ44
A Summary of Criticismsâ52
Toward Progressive Judicial Avenues: Against the Status Quoâ54
2 Law and the Concept of Emergencyâ 60
Lawâs Role in Emergenciesâ60
The Extra-Legal Measures Modelâ62
The Judicial Accommodations Modelâ71
Emergency as Law and Idea: Four Categoriesâ79
3 Formal and Informal Emergencyâ 97
Supreme and Informal Emergencyâ97
Walzer on Supreme Emergenciesâ98
Lazar on Informal Structures and Emergency: Emergencies
Redefinedâ102
Emergencies, Citizens, and Dualist Constitutionalismâ118
4 Catastrophe and Emergencyâ 130
Crisis, Catastrophe, and Emergency Distinguishedâ130
Disasters and Catastrophesâ134
Constitutions, Societies, and Emergenciesâ137
Emergencies on Their Own Termsâ148
Thematic Review and Summaryâ163
5 Institutions, Rights, and Emergenciesâ 184
Appendix
Notes on Methodology 209
Bibliographyâ 216
Indexâ 220
Two Philosophical Ideals of Liberal Democracyâ 1
1 Constitutional Democracy and the Issue of Emergencyâ 13
The Paradox of Emergencyâ13
Derogation and Coercion during (Liberal) Emergenciesâ20
Emergency: Its Character and Literatureâ25
Emergencies as a Conceptual Problemâ32
Emergencies Defined via Minimalist Criteriaâ36
The Misuse of Emergency Legislationâ39
Emergencies, Rules, and Parametersâ41
The Arbitrary Nature of Emergency and Its Neglectâ44
A Summary of Criticismsâ52
Toward Progressive Judicial Avenues: Against the Status Quoâ54
2 Law and the Concept of Emergencyâ 60
Lawâs Role in Emergenciesâ60
The Extra-Legal Measures Modelâ62
The Judicial Accommodations Modelâ71
Emergency as Law and Idea: Four Categoriesâ79
3 Formal and Informal Emergencyâ 97
Supreme and Informal Emergencyâ97
Walzer on Supreme Emergenciesâ98
Lazar on Informal Structures and Emergency: Emergencies
Redefinedâ102
Emergencies, Citizens, and Dualist Constitutionalismâ118
4 Catastrophe and Emergencyâ 130
Crisis, Catastrophe, and Emergency Distinguishedâ130
Disasters and Catastrophesâ134
Constitutions, Societies, and Emergenciesâ137
Emergencies on Their Own Termsâ148
Thematic Review and Summaryâ163
5 Institutions, Rights, and Emergenciesâ 184
Appendix
Notes on Methodology 209
Bibliographyâ 216
Indexâ 220
Liberalism, democracy, coercion, ethics, political philosophy, political theory, institutes, academic libraries, public libraries, specialists, undergraduate and graduate students, educated laymen, criminologists, sociologists, legal theorists, public policy administrators, political scientists, federal judges, crisis management.