Reynolds, John
(2017)
Repressive inclusion.
The Journal of Legal Pluralism and Unofficial Law, 49 (3).
pp. 268-293.
ISSN 0732-9113
Abstract
This article examines the relation between emergency legal doctrine
and racial sovereignty in the context of Palestine. It theorises Israel’s
multifarious emergency modalities in a colonial present paradigm
where traditional territorial colonisation is fused with modern
security biopolitics. The Israeli juridical-security apparatus mimics
European liberal legalism in presenting itself as generally accepting
of human rights obligations, save in circumstances where particular
illiberal measures are necessitated on security grounds. These
measures, however, comprise a pervasive patchwork of emergency
modalities that have penetrated all spheres of Palestinian political,
economic and cultural life. The retention and application of the
British Mandate-era Defence Emergency Regulations as well as the
constitutional state of emergency have produced an emergency
marked by longevity and racialisation. Furthermore, Israel has
invoked the emergency derogation option under international
treaties to claim the legality of measures such as mass internment
without trial. I articulate these dynamics of legality, emergency and
sovereignty in terms of “repressive inclusion”: a racially contingent
inclusion within – and repression by – the juridical order. This
evokes the suffocating hold of racialised emergency legal
structures. The consequences for Palestinian lives and bodies have
been severe; the alienation of land and fragmentation of territory have been acute.
| Item Type: |
Article
|
| Keywords: |
Emergency; exception;
sovereignty; racialisation;
Palestine; Israel; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
11755 |
| Identification Number: |
https://doi.org/10.1080/07329113.2017.1388100 |
| Depositing User: |
John Reynolds
|
| Date Deposited: |
20 Nov 2019 14:36 |
| Journal or Publication Title: |
The Journal of Legal Pluralism and Unofficial Law |
| Publisher: |
Taylor & Francis |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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