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6 - Anti-law

from Part II - The Stakes for Law: Between Compositional Articulation and the Articulation of Injustice

Published online by Cambridge University Press:  03 March 2022

Isobel Roele
Affiliation:
Queen Mary University of London
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Summary

Chapter 6 explores the anti-law quality of the UN’s managerial governance of security threats. Foucault explained that disciplinary power is incompatible with juridico-political commitments to rights and equality. Such critiques are often made of global governance, especially when it takes security as its object, but they often assume that managerial technologies can be redeemed by making them more juridico-political. This chapter shows that they cannot be redeemed. It discusses the UN's redemption strategy of imbuing its counter-terrorism strategy with human rights. The second redemption strategy is the Global Administrative Law project which, taking managerial technologies of accountability and transparency as imperfect juridical forms, sees them as ripe for improvement along juridico-political lines. The third redemptions strategy discussed is the Global Experimental Governance project, which affirms constellations of governance that valorize participation, especially by civil society, as a step in a democratic direction. The chapter concludes that none of these redemption strategies can succeed because, as Foucault foresaw, articulating juridico-political forms into management’s mechanics of power supresses radical structural criticism. The best law can do is mitigate the harm caused by security management.

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Chapter
Information
Articulating Security
The United Nations and its Infra-Law
, pp. 156 - 188
Publisher: Cambridge University Press
Print publication year: 2022

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  • Anti-law
  • Isobel Roele, Queen Mary University of London
  • Book: Articulating Security
  • Online publication: 03 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781316856468.006
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  • Anti-law
  • Isobel Roele, Queen Mary University of London
  • Book: Articulating Security
  • Online publication: 03 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781316856468.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Anti-law
  • Isobel Roele, Queen Mary University of London
  • Book: Articulating Security
  • Online publication: 03 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781316856468.006
Available formats
×