Permanent legal states of emergency originated in colonial rule, not Nazism

Evidence

For an elaboration of “principles of imperial policing,” see Gwynn (1934). Since its establishment over 50 years ago, the state of Israel has had in effect a legal state of emergency designed for the most part to deal with its internal “Arab question,” legislation that enables “the Israeli cabinet to supersede the legislative process” (New York Times, April 7, 2000: A10). Balibar understands this to begin with Nazism (Balibar, 1990:287). I am suggesting that it was initiated at least with colonial formations in the nineteenth centurv. — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 1753 (#corroborates, via linked claim)

Giorgio Agamben disagreed with Schmitt on this point, arguing in effect that the state of exception lay neither in nor above the normative legal order, thus in effect constituting no exception in any qualitative sense. It remains a primal form of modern juridico-political systems; rising out of its dormancy at any time, the perception of existential threat is awakened. It is constituted not as an essential difference but rather as a continuation of law by extrajustificatory methods. … Instead, my argument goes, it is lodged amid the normative order, defining the potentialities of its force and implicitly determining its operations, even when the rules of the so-called normative order are in effect. — Wael Hallaq, Restating Orientalism, 406 (#complicates, via linked claim)

Categorization

• XREF: connects to: Colonial emergency law institutionalized its own failure to keep the rule of law — Sherene Razack, Casting Out: The Eviction of Muslims…, 50; The permanent state of exception predates Nazism in colonial formations. — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 1753; Concentration camps originated in colonial empires, not Nazi Germany — Naomi Klein, Doppelganger: A Trip into the Mirror…, 881 (+2 more)

Broader Connections

• The permanent state of exception predates Nazism in colonial formations. #corroborates (0.96) — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 1753
• Emergency powers are continuous with normal law, not exceptions to it #complicates (0.73) — Wael Hallaq, Restating Orientalism, 406