Abstract 2/15: Ewa Atanassow (Bard College Berlin), Ira Katznelson (Columbia University) – Governing emergency? State of Exception in the Anglo-American Liberal Tradition

#StatEx2017
#StatEx2017

How should constitutional democracies navigate current problems of security? Presently, the globe’s established liberal democracies face almost no threat to their borders. Nevertheless, they have been confronted with pervasive insecurity and anxieties about appropriate responses, which has led to unprecedented delegation to and strengthening of executive power. This situation raises pressing questions about the conditions required to enlarge the zone of security without an undue sacrifice of liberal values and institutions, whose hallmarks include embedded constraints on the decisions and acts taken by political authorities in order to safeguard the liberties of citizens.

Probing the Anglo-American tradition of liberal political thought and practice, our contribution will seek to identify conceptual and practical approaches for meeting security challenges without compromising constitutional and ethical principles. Our inquiry will proceed in three parts. 1) The first aims to show that, from its founding moments, political liberalism confronted central puzzles associated with the state of exception, and elaborated a significant repertoire of ideas, impulses, and institutions that remain instructive. 2) Against the backdrop of this lineage, whose central figures include John Locke and Alexander Hamilton, in part two we examine the work of interwar and post-war twentieth century American political scientists Carl Friedrich, his Harvard doctoral student Frederick Watkins, and Clinton Rossiter who forged a liberal response to Carl Schmitt. Individually and as a coherent group, these scholars sought to place emergency responses within the ambit of the restraining qualities of law. They thus revisited and deepened a genuinely liberal approach to emergency. 3) Sketching the historical and political developments since the mid-twentieth century, we conclude by assessing the advantages and limitations of these liberal resources for dealing with contemporary security dilemmas.

The paper thus weaves together conceptual and historical vantages with policy considerations. Although manifestly of broader significance, it focuses primarily on the United States and Great Britain as the longest standing and most continuous examples of constitutional regimes struggling with these questions. As both countries have possessed disproportionate global power and have faced security issues with magnified intensity and scope, each has generated much experimentation in thought and institutional arrangements pertaining to the governance of emergency. These experiences and their lessons, we argue, have wide applicability.

Presentation in Haifa

On December 14, 2017, Matthias Lemke will give a talk on „The état d’urgence In France. Governance Before, During And After A National Emergency, 2015–2017” at the Minerva Center for the Rule of Law under Extreme Conditions at the University of Haifa. The presentation is part of the symposium on „Institutional Structures for Governance Before-During-After a National Emergency“, organized by Ido Rosenzweig. A full draft paper will be available by December 1st, 2017. For more information on the conference, please visit the website of the Minerva Center.

Abstract 1/15: Anna-Bettina Kaiser (HU Berlin) – Suspension of the Legal Order in the State of Exception

#StatEx2017
#StatEx2017

The suspension of the legal order is often said to be the (natural) consequence of the declaration of the state of emergency. This paper examines the role of suspension from a theoretical and legal point of view.

The idea of the suspension of (certain) rules in times of crises is not at all new. On the contrary, the ancient Latin phrase necessitas non habet legem, coined by Seneca the Elder, already expresses a similar idea. In 20th century German legal thought, the idea of suspension was wildly received and became a seminal topos in the discourse on the state of exception. It was in particular Carl Schmitt in his Political Theology from 1922 who popularized the idea: “To decide about the state of exception means to decide on the suspension of the whole constitution” (translation by A.-B. K.).

From that point onward, the mechanism of suspension has always been associated with the state of exception. Numerous authors such as Ernst-Wolfgang Böckenförde, Giorgio Agamben, Otto Depenheuer and Matthias Lemke still conceive the figure of suspension as an integral part of the legal institute of the state of exception. Thus, suspension became the cipher for the exceptional state.

This paper calls the depicted narrative into question. It answers the following questions: Where and why did the idea of suspension come up after 1789? And why was it so important for Schmitt’s thinking?What was the influence of Søren Kierkegaard on the concept? Last but not least: Do we find legal evidence for the idea of suspension in the legal orders of Germany and France when it comes to the state of exception?

#StatEx2017 – Abstracts

Conference 2017.
Conference 2017.

From this day until the beginning of the #StatEx2017-Conference on Monday, November 13, 2017, the already available abstracts of the conference contributions will be published here on a weekly basis.

If you want to get a global picture of the contributions, please visit the paperroom of the conference. Once a first draft of a paper is available, you’ll find a short notice here and on social media. All draft versions shall be ready for download by November 1, 2017.

Neuer Förderpartner / Conference Funding

#StatEx2017
#StatEx2017

Die Fritz-Thyssen-Stiftung für Wissenschaftsförderung, Köln, hat heute ihre Entscheidung mitgeteilt, dass sie Förderpartner der Konferenz „Ausnahmezustand – Eine Bestandsaufnahme“ sein wird, die am 13. und 14. November 2017 in Paris stattfindet. Sie leistet damit einen ungemein wichtigen und dankenswerten Beitrag zum Zustandekommen und Gelingen der Konferenz.

Today, the Fritz-Thyssen-Stiftung für Wissenschaftsförderung, Cologne, announced its decision to become a partner in funding the 2017 conference on „State of emergency – An Overview“, which will take place on November 13-14, 2017 in Paris. The organizing committee is very thankful for this important engagement, allowing an international exchange during the conference.

Conference 2017: Paperroom and Hashtag

Conference 2017.
Conference 2017.

The paperroom for the 2017 conference on state of exception is now open. It contains the abstracts of the conference contributions as they are listed in the program. Full papers will be added in November 2017.

The conference hashtag on twitter and social media will be #StatEx2017. Please refer to that hashtag for any issues related to the conference.

For any other questions, please contact emergency@dhi-paris.fr.

Conference 2017: Posters available

Posters are now available for the 2017 conference on state of exception at the German Historical Institute in Paris. By clicking on the pictures, you can download the red or the green version as a pdf-file. If you wish to receive printed copies in the A2-format, please send an email to emergency@dhi-paris.fr.

 

 

 

 

 

 

Poster design by Claudia Kusserow, Hamburg.

State of emergency conference 2017: Registration now open

Conference 2017.
Conference 2017.

Wenn Sie als Zuhörer_In an der Konferenz teilnehmen möchten, melden Sie sich bitte per Mail bis zum 1.11.2017 unter event@dhi-paris.fr an. / Si vous voulez suivre les débats de la conférence, inscrivez-vous jusqu’au 1.11.2017 et envoyez un mél à event@dhi-paris.fr. / If you want to follow the conference, please register via e-mail at event@dhi-paris.fr until November 1st, 2017.