By François Debrix · Tuesday, July 17, 2007 This is the second part of a review of Jean-Claude Paye’s Global War on Liberty, recently published by Telos Press Publishing and available in our store. Part 1 of the review is here, and part 3 is here. The review will soon appear in full in the journal.
Beyond the Suspension of the Law
 Paye writes that “the rule of law becomes increasingly formal, not only because its content, the protection of private life and the defense of individual and public liberties, turns out to be very limited, but also by the practical possibility offered to the executive power to free itself completely from the last safeguards of legal order” (34). He adds: “The strengthening of the executive relative to the other powers makes possible the general and permanent suspension of the law. It is the instrument for setting up a state of exception” (34). For Paye, the state of legal/constitutional exception implemented in most Western democracies is not about a temporary suspension of the law, one that might guarantee a preservation of existing democratic principles in countries like the United States, Great Britain, France, Belgium, Italy, or the European Union in general (the cases that Paye spends his time detailing in Global War on Liberty). More importantly, it is also more than a suppression of democratic legal and judicial systems, and of the individual rights that these normally guarantee, that would become a new rule of permanence, a new long-lasting condition of suspension of the rule of law, whereby politics could become the product of a succession of ad hoc decisions made by government officials and bureaucrats (as Agamben and others have intimated).
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By François Debrix · Monday, July 16, 2007 The following review will soon appear in Telos, and we are presenting it here on the Telos Press blog in three installments. Jean-Claude Paye’s Global War on Liberty is available in our store.
Jean-Claude Paye. Global War on Liberty. Trans. James H. Membrez. New York: Telos Press, 2007. Pp. 261.
The state of emergency exists for the long term. It emerges as a new type of political system, dedicated to defending democracy and human rights. . . . [T]he citizen must be willing to renounce his/her concrete freedoms for a lengthy period of time in order to maintain a self-proclaimed and abstract democratic order. [1]
Belgian sociologist Jean-Claude Paye has collected several of his recent essays about the suspension of the rule of law, the emergence of a permanent state of exception, abuses of authority, and the generalized condition of restriction of freedom in Western societies since 9/11 in a single volume, La fin de l’état de droit, now translated, updated, and published by Telos Press under the title Global War on Liberty. [2] Paye’s essays over the past five to six years have positioned him as one of the leading critical voices of the post-9/11 era. His critique of the so-called democratic state—from the United States to Europe—and of the transformation of liberal systems of constitutional governance into police, military and security orders actually had been initiated before 9/11. [3] Unfortunately most social, political, and legal theorists (particularly in the English-speaking world) paid little attention to Paye’s incisive reflections prior to the terrorist attacks in the United States. The recent translation of some of his texts into English has given Paye’s scholarship the visibility it deserves. With the publication of Global War on Liberty, Paye finds a place among the critical theorists who must be read if one is to make sense of, carefully reflect upon, and devise challenges to the contemporary condition of state abuse, imperial domination, and proliferation of daily insecurities.
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