In response to emergency, some political and legal theorists have focused on moral political questions of justification: What may we do in response to emergency? The question, now again a mainstay of democratic and legal theorizing, seems to point toward justification: What justifies the suspension of civil liberties? Under what conditions can sovereign power declare emergency, legally suspend law, or, less radically, implement and normalize extraordinary measures to protect or defend democracy from destruction by its enemies? When is it permissible to torture, detain without habeas corpus rights, deport, use rendition, or invade another country? Such questions are not unimportant, not at all, but in addition to proposing answers to them, we do well to wonder what we are doing, as democratic theorists, when we focus on them. One worry is that we contribute to the very account of sovereignty we mean to oppose. [download]
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