J. Βessant, Criminalizing the political, Nov. 2014. - Aγγλόφωνοι τίτλοι και
abstracts πρόσφατων εγκληματολογικών άρθρων (1). Αθ. Καψαλιάρη.
November 2014
Date: 01 Nov 2014
Criminalizing the Political in a Digital Age
Abstract
There is an emergent interest by criminologists in theorising problems that
arise when states breach conventional legal norms. This article considers the
criminalisation of ‘whistleblowing’ by Manning, Assange and Snowden that
revealed illegal actions by the state and major breaches of US and western
security intelligence operations. The article asks what such developments mean
for the conceptual and normative status of politics and crime constituted in
the western liberal frame? It is about criminologists who rely on that paradigm
and the need to counter neo-conservative agendas. The article analyzes liberal
constitutional democracies with an emphasis on the US. It draws on the work of
German theorists Schmitt and Benjamin who stand outside the liberal tradition
to highlight how modern states frequently suspends the rule of law and relies
on their own sovereign power to declare ‘states of emergency’ to render their
own criminal conduct lawful.
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