Laura M. Henderson - Conceptualizing State of Emergency Thinking: A Theory of Discourse and Hegemony

Laura M. Henderson's "Conceptualizing State of Emergency Thinking: A Theory of Discourse and Hegemony" is an interesting look at the reaction to 9/11 (and the years that have followed) in terms of law and rights - and what it reveals about the U.S. as a nation. She uses Foucault as the foundation for her deconstruction of our national/cultural response.

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Conceptualizing State of Emergency Thinking: A Theory of Discourse and Hegemony

Laura M. Henderson
University of Utrecht

August 27, 2010

Abstract:
Since 9/11, the world has changed. Or at least, so the scholars and politicians tell us. There has been a perceived break with pre-9/11 thinking and governance (the ‘normal-time discourse’) and a new paradigm has emerged (the ‘time-of-emergency discourse’). This paper takes this shift as a starting point, seeing these types of thinking as discourses that shape and are shaped by conceptions of truth, proper behavior, and necessity. But the shift from normal-times to state of emergency is, in itself, not novel. America – and the world – have known many previous states of emergency, and have known many civil rights abuses conducted in the name of these states of emergency. Yet, here, again, a state of emergency discourse has emerged. What is it about this discourse that makes it so viable, despite our past experiences with the fundamental rights abuses that seem to accompany it? In other words, what is the function of this discourse? In this paper I will focus on answering this question in regard to the interaction between the discourse and the law. I will do this by way of a case study: the United States’ debate about indefinite preventive detention of terrorism suspects.

The Foucauldian approach to knowledge/power will inform my deconstruction of the state of emergency discourse, helping me reveal which power structures sustain this discourse and are sustained by it. But Foucault’s theory will not be enough – something more is needed to explain and understand the macro-level and normative implications of the current state of emergency thinking. For this purpose, I will draw on the works of another critical thinker, Antonio Gramsci. This critical approach will reveal a certain vulnerability of the law: namely, the law’s susceptibility to influence from non-democratically formed discourses.

Keywords: State of Emergency, Discourse, Gramsci, Foucault, War on Terror, Indefinite Detention

Working Paper Series

Date posted: August 31, 2010 ; Last revised: August 31, 2010

Suggested Citation

Henderson, Laura M., Conceptualizing State of Emergency Thinking: A Theory of Discourse and Hegemony (August 27, 2010). Available at SSRN: http://ssrn.com/abstract=1666660

Tags: State of Emergency, Discourse, Antonio Gramsci, Foucault, War on Terror, Indefinite Detention, terrorism, fears, postmodernism, Politics, culture, Philosophy, 9/11, Conceptualizing State of Emergency Thinking, A Theory of Discourse and Hegemony, Laura Henderson, Social Science Research Network