The Tragic Legality of Racial Violence: Reconstruction, Race and Emergency

Kato, Daniel

doi:10.1111/1467-8675.12151

Cited by 2 publications

(2 citation statements)

References 3 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…1 The argument to follow proceeds with two caveats. First, a more general discussion of emergency powers might also acknowledge times when states have invoked such authority to uphold rights or equality when those entrusted with doing so prove unable or unwilling (see, e.g., Kato, 2015). The focus here on ESMs and equality is framed more narrowly.…”

Section: Notesmentioning

confidence: 99%

Security and democratic equality

Milstein

2020

Contemp Polit Theory

View full text Add to dashboard Cite

After a recent spate of terrorist attacks in European and American cities, liberal democracies are reintroducing emergency securitarian measures (ESMs) that curtail rights and/or expand police powers. Political theorists who study ESMs are familiar with how such measures become instruments of discrimination and abuse, but the fundamental conflict ESMs pose for not just civil liberty but also democratic equality still remains insufficiently explored. Such phenomena are usually explained as a function of public panic or fear-mongering in times of crisis, but I show that the tension between security and equality is in fact much deeper and more general. It follows a different logic than the more familiar tension between security and liberty, and it concerns not just the rule of law in protecting liberty but also the role of law in integrating new or previously subjected groups into a democratic community. As liberal-democratic societies become increasingly diverse and multicultural in the present era of mass immigration and global interconnectedness, this tension between security and equality is likely to become more pronounced.

show abstract

Section: Notesmentioning

confidence: 99%

Security and democratic equality

Milstein

2020

Contemp Polit Theory

View full text Add to dashboard Cite

show abstract

“…I use the concept of constitutional dictatorship as a heuristic, as a way of thinking more explicitly about constitutional violence than is customary in comparative constitutional law. My goal is to stage an analytical irruption-by relating the emergency to the everyday, and both to coloniality (see also Kato 2015Kato , 2016Meierhenrich & Tushnet forthcoming). My decision to lead into the subject matter via a circuitous route was deliberate.…”

Section: Introductionmentioning

confidence: 99%

Constitutional Dictatorships, from Colonialism to COVID-19

Meierhenrich

2021

Annu. Rev. Law. Soc. Sci.

View full text Add to dashboard Cite

In this article, I use the concept of constitutional dictatorship as a heuristic, as a way of thinking more explicitly about constitutional violence than is customary in comparative constitutional law. Constitutional dictatorship is an epic concept. It is capable of illuminating—and retelling—epic histories of constitutional law, of alerting us to commonalities in constitutional practices of domination—and thus of violence—that would otherwise remain shrouded in legal orientalism. The analysis aspires to make constitutional law strange again. To this end, I trace nomoi and narratives of constitutional dictatorship from colonialism to the coronavirus pandemic. Arguing against emergency scripts, I relate the idea of “emergency” to the everyday and both to coloniality. Mine is a rudimentary conceptual history—a Begriffsgeschichte—of constitutional dictatorship. I think of the empirical vignettes about crisis government in the colony/postcolony on which my comparative historical analysis is based as prolegomena to a critical theory of constitutional dictatorship.

show abstract

The Tragic Legality of Racial Violence: Reconstruction, Race and Emergency

Cited by 2 publications

References 3 publications

Security and democratic equality

Security and democratic equality

Constitutional Dictatorships, from Colonialism to COVID-19

Contact Info

Product

Resources

About