The new form of "humanitarian government" emerging from natural disasters and military occupations that reduces people to mere lives to be rescued. From natural disaster areas to zones of political conflict around the world, a new logic of intervention combines military action and humanitarian aid, conflates moral imperatives and political arguments, and confuses the concepts of legitimacy and legality. The mandate to protect human lives--however and wherever endangered--has given rise to a new form of humanitarian government that moves from one crisis to the next, applying the same battery of technical expertise (from military logistics to epidemiological risk management to the latest social scientific tools for "good governance") and reducing people with particular histories and hopes to mere lives to be rescued. This book explores these contemporary states of emergency. Drawing on the critical insights of anthropologists, legal scholars, political scientists, and practitioners from the field, Contemporary States of Emergency examines historical antecedents as well as the moral, juridical, ideological, and economic conditions that have made military and humanitarian interventions common today. It addresses the practical process of intervention in global situations on five continents, describing both differences and similarities, and examines the moral and political consequences of these generalized states of emergency and the new form of government associated with them.
This dissertation analyzes the current status of emergency management professionalization in the United States and Florida using a qualitative case study. I investigate the efforts of various organizations at the national and state levels in the private and public sectors to organize emergency management as a profession. I conceptualize emergency management professionalization as occurring in two phases: the indirect institutionalization of the occupation of emergency management and the formal advancement toward an emergency management profession. The legislative, organizational, and procedural developments that occurred between approximately 1900 and the late 1970s became the indirect institutionalization of the occupation of emergency management. Over time, as our society developed and became increasingly complex, more disasters affect the security of the population. In order to adapt to increasing risks and vulnerabilities the emergency management system emerged and with it the necessary elements upon which a future profession could be established providing the basis for the formal advancement toward an emergency management profession. The purpose of this research is to provide a frame of reference for whether or not the field of emergency management is a profession. Based on sociology of professions literature, emergency management can be considered to be professionalizing. The current emergency management professionalization efforts may or may not be sufficient to achieve the ultimate goal of becoming a legitimate profession based on legal and public support for the exclusive right to perform emergency management tasks (monopoly) as well as self-regulation of those tasks (autonomy).
In an emergency, statesmen concentrate power and suspend citizens' rights. These emergency powers are ubiquitous in the crisis government of liberal democracies, but their nature and justification is poorly understood. Based on a pluralist conception of political ethics and political power, this book shows how we can avoid the dangers and confusions inherent in the norm/exception approach that dominates both historical and contemporary debate. The book shows how liberal values need never - indeed must never - be suspended, even in times of urgency. Only then can accountability remain a live possibility. But at the same time, emergency powers can sometimes be justified with reference to extra-liberal norms that also operate in times of normalcy. By emphasizing the continuity between times of normalcy and emergency, the book illuminates the norms of crisis government, broadening our understanding of liberal democratic government and of political ethics in the process.
Raises concerns about the degree to which the rule of law and emergency powers have become fundamentally entangled, using Israel as a case study. Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In Between the Rule of Law and States of Emergency, Yoav Mehozay offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each others shortcomings. Through a careful dissection of Israels emergency apparatus, Mehozay illustrates that the reach of Israels emergency regime goes beyond defending the state and its people against acts of terror. In fact, that apparatus has had a far greater impact on Israels governing system, and society as a whole, than has traditionally been understood. Mehozay pushes us to think about emergency powers beyond the war on terror and consider the role of emergency with regard to realms such as political economy.
Written by an established scholar in the field, this text examines the nature of emergency powers and their use in the Russian constitution. It explores the use of such powers in Russian history, comparing the Russian situation with those that exist in other countries and discussing the legal thought underpinning such powers. The practicalities and theories of emergency orders are traced throughout history with Dormin arguing that the longer an emergency regime lasts, the less effective the measure becomes. With original research and remarkable insight, this text will be of interest to scholars examining the new Russia, its rulers, conflicts and motives, as well as its political systems.
Presenting diverse contributors from legal, academic, and practitioner sectors, this book illustrates how the distinctions between international and domestic law are falling away in the context of security, particularly in the responses to terrorism, and explores the implications of these dramatic shifts in the normative order. Fundamental changes in the powers of the state and the rights of populations have accelerated since the globalized response to 9/11, creating effects that spread beyond borders and operate in a new, as yet under-conceptualized space. Although these altered practices were said to be in response to exceptional circumstances — a response to terrorism — they have become increasingly established in an altered baseline norm. This book explores the (inter)national implications of exceptional legal efforts to protect states’ domestic space in the realm of security.
How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises? This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes. Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.
Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.
Raises concerns about the degree to which the rule of law and emergency powers have become fundamentally entangled, using Israel as a case study. Honorable Mention, 2017 Yonathan Shapiro Award for Best Book in Israel Studies presented by the Association for Israel Studies Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In Between the Rule of Law and States of Emergency, Yoav Mehozay offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each other’s shortcomings. Through a careful dissection of Israel’s emergency apparatus, Mehozay illustrates that the reach of Israel’s emergency regime goes beyond defending the state and its people against acts of terror. In fact, that apparatus has had a far greater impact on Israel’s governing system, and society as a whole, than has traditionally been understood. Mehozay pushes us to think about emergency powers beyond the “war on terror” and consider the role of emergency with regard to realms such as political economy. Yoav Mehozay is Assistant Professor of Criminology at the University of Haifa, Israel.