The rule of law, legal positivism and states of emergency

Thomas Campbell

    Research output: Book chapter/Published conference paperChapter (peer-reviewed)

    Abstract

    Policies relating to the use of lethal force by the state cover a wide range of circumstances, ranging from routine police procedures for dealing with physically dangerous and perhaps deranged individuals to sophisticated actions by trained specialists to prevent major terrorist activities. The former may be considered routine while the latter may be viewed as exceptional. If, indeed, shoot to kill policies in the context of anti-terrorist procedures are not, any longer, to be considered 'exceptional', in the sense of unusual, then there are important points to be raised about how legitimating these measures can be handled in a way that confirms to, rather than opts out of, the rule of law
    Original languageEnglish
    Title of host publicationShooting to kill
    Subtitle of host publicationSocio-legal perspectives on the use of lethal force
    EditorsSimon Bronitt, Miriam Gani, Saskia Hufnagel
    Place of PublicationOxford
    PublisherHart Publishing
    Chapter1
    Pages3-17
    Number of pages15
    Edition1
    ISBN (Electronic)9781782250425
    ISBN (Print)9781849462921
    Publication statusPublished - 2012

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  • Cite this

    Campbell, T. (2012). The rule of law, legal positivism and states of emergency. In S. Bronitt, M. Gani, & S. Hufnagel (Eds.), Shooting to kill: Socio-legal perspectives on the use of lethal force (1 ed., pp. 3-17). Hart Publishing.