RT Article
T1 Locating extra-legal activities of the modern state in legal-political theory: Weber, Habermas, Kelsen, Schmitt and Turk
JF Crime, law and social change
VO 51
IS 5
SP 511
OP 530
A1 Sabuktay, Ayşegül
LA English
YR 2009
UL https://krimdok.uni-tuebingen.de/Record/1881624358
AB This article is concerned with deviations from legal functioning of the modern state, which is supposedly grounded on legal structure, but may conduct extra-legal activities. In this article, special focus is directed to certain extra-legal activities of the following modern states: the Susurluk Affair in Turkey, the Iran-Contra Affairs of the USA, GAL in Spain, the Gibraltar Killings committed by UK soldiers, and enforced disappearances in Argentina. These cases are interpreted from the points of view of Max Weber’s and Jürgen Habermas’s theories of the rule of law, Hans Kelsen’s legal positivism, Carl Schmitt’s theories of the political and sovereignty, and Austin Turk’s theory of political criminality. Our purpose, then, is to evaluate these theories vis-à-vis the cases of extra-legal activities of the state.
NO Literaturverzeichnis: Seite 528-530
K1 Central Intelligence Agency
K1 International Justice
K1 Legal Order
K1 Modern State
K1 State Crime
DO 10.1007/s10611-008-9182-9