Political Technology and the Erosion of the Rule of Law
Show Less

Political Technology and the Erosion of the Rule of Law

Normalizing the State of Exception

Günter Frankenberg

This timely volume by distinguished scholar Günter 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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 4: The state of exception as mindset and doctrine

Normalizing the State of Exception

Günter Frankenberg


Democratic law-rule and the method Locke as its corresponding technique of governing entail two projects linked to the liberal paradigm. The first is the ambitious attempt to legally programme state practice with acts of parliament. Accordingly, the legislature has to define what is right and what is wrong, what should be done and what can be expected by dint of general statutes. The statutes, and in the final analysis constitutional law, are charged with regulating all essential aspects of life in society. For this purpose, state authorities are given powers that allow them to intervene in the citizensí spheres of action demarcated by civil and political liberties ñ or, to put it technically, to coordinate actions and their consequences. First under the banner of rule of law, then of democracy, self-government through self-legislation was to resolve everyday conflicts once society had entered into the civic state (Kant). Consequently, the techniques of governing that are oriented towards the expedient become in the liberal paradigm ñ theoretically ñ less important as rationalist concepts of the state gain acceptance, and always have an interest in effective legal steering and the smooth functioning of the executive within legal barriers. In this way, effectiveness and normativity enter a tension-ridden relationship as standards for the resolution of societal situations of conflict.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.