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Comparative Law as Transnational LawA Decade of the German Law Journal$
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Russel A. Miller and Peer C. Zumbansen

Print publication date: 2011

Print ISBN-13: 9780199795208

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199795208.001.0001

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Terror, Sovereignty, and Law †

Terror, Sovereignty, and Law †

On the Politics of Violence

(p.329) 25 Terror, Sovereignty, and Law
Comparative Law as Transnational Law

Saul Newman

Oxford University Press

This chapter examines the ambiguous relationship between violence, law, and sovereignty in the context of terrorism today. It focuses, not on normative questions about terrorist violence, but on its structural relationship to law and the sovereign state. It substitutes states' differing approaches to the issue with the equally relevant “modern dialectic of terrorism and counterterrorism,” which, illuminated by his richly theoretical analysis, poses the challenging possibility that “terrorist violence always threatens to expose the emptiness and indeterminacy at the base of the symbolic authority of the law and the state”.

Keywords:   violence, law, sovereignty, terrorism, counterterrorism

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