David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Diogenes 53 (4):116 - 133 (2006)
This paper unravels the diverse strands in the manifestations of the Prevention of Terrorism Act (POTA, 2002), focusing not only on law’s words, i.e. the rules, principles and procedures, and its interpretations in judgments, but also on its effects. Adopting the violence of jurisprudence approach, it eschews the dichotomy between law and violence, examining the ‘effects of legal force’, in particular, the ways in which law becomes an integral part of the organization of state violence. Through an examination of the unfolding of POTA and laws dealing with ‘organized crime’ and ‘unlawful activities’ (Unlawful Activities Prevention Act, 1967, 2005), the trajectory of specific cases and judgments by Trial Courts, the High Courts and the Supreme Court, this paper shows how through an interlocking of the ordinary and extraordinary, anti-terror laws erode both the procedural and substantive aspects of the rule of law, become the terrain where permutations in alliance politics and configuration of power are played out, and assume an antagonistic notion of politics which seeks resolution through the elimination and externalization of difference. Extraordinary laws, it argues, are manifestations of a politics of negation. Processes that prolong the lives of such laws, and procedural interlocking and intermeshing that seek to give them permanence, are symptomatic of a deepening of the politics of negation
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Mark Evans & Christine Stender (2009). When the Guns Fall Silent : Towards an Adequate Theory of Jus Post Bellum. In , War, Terror, and Ethics. Nova Science Publishers, Inc..
David Brooke (2009). Jurisprudence, 2009-2010. Routledge-Cavendish.
Allen Mendenhall, 44. “The Oft-Ignored Mr. Turton: The Role of District Collector in A Passage to India“.
Philip J. Ivanhoe (2004). Review: The Shifting Contours of the Confucian Tradition. [REVIEW] Philosophy East and West 54 (1):83 - 94.
Miguel de Beistegui (2008). The Erosion of Democracy. Research in Phenomenology 38 (2):157-173.
P. J. Ivanhoe (2004). The Shifting Contours of the Confucian Tradition. [REVIEW] Philosophy East and West 54 (1):83 - 94.
Added to index2010-08-10
Total downloads12 ( #133,368 of 1,099,863 )
Recent downloads (6 months)5 ( #66,909 of 1,099,863 )
How can I increase my downloads?