预防性可塑性:约旦反恐立法中的法律歧义

IF 0.5 Q3 LAW

Arab Law Quarterly Pub Date : 2022-06-21 DOI:10.1163/15730255-bja10109

Rosalie Rubio

{"title":"预防性可塑性:约旦反恐立法中的法律歧义","authors":"Rosalie Rubio","doi":"10.1163/15730255-bja10109","DOIUrl":null,"url":null,"abstract":"Scholars studying counterterrorism laws internationally, particularly across the Arab world, often note the ambiguity of these laws. Few, however, have taken stock of the causes and consequences of these ambiguities. This article explores the questions: What makes counterterrorism laws distinctly amenable to autocratic instrumentalization? What are the mechanisms that allow counterterrorism laws to be used as a means to bolster authoritarian stability? Furthermore, what are the consequences of this instrumentalization on social and political life? This article seeks to answer these questions by focusing on the Hashemite Kingdom of Jordan’s Anti-terrorism Law of 2006 and its 2014 Amendments. The author argues that counterterrorism laws are a unique tool due to their distinctive emphasis on prevention and pre-criminality. As a result, counterterrorism laws are often prone to ambiguities, which permit their expansion and instrumentalization. This article discusses how counterterrorism laws’ inherent ambiguity shape how these laws are articulated, enforced and experienced.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":" ","pages":""},"PeriodicalIF":0.5000,"publicationDate":"2022-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Preventative Plasticities: Legal Ambiguities in Jordanian Counterterrorism Legislation\",\"authors\":\"Rosalie Rubio\",\"doi\":\"10.1163/15730255-bja10109\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Scholars studying counterterrorism laws internationally, particularly across the Arab world, often note the ambiguity of these laws. Few, however, have taken stock of the causes and consequences of these ambiguities. This article explores the questions: What makes counterterrorism laws distinctly amenable to autocratic instrumentalization? What are the mechanisms that allow counterterrorism laws to be used as a means to bolster authoritarian stability? Furthermore, what are the consequences of this instrumentalization on social and political life? This article seeks to answer these questions by focusing on the Hashemite Kingdom of Jordan’s Anti-terrorism Law of 2006 and its 2014 Amendments. The author argues that counterterrorism laws are a unique tool due to their distinctive emphasis on prevention and pre-criminality. As a result, counterterrorism laws are often prone to ambiguities, which permit their expansion and instrumentalization. This article discusses how counterterrorism laws’ inherent ambiguity shape how these laws are articulated, enforced and experienced.\",\"PeriodicalId\":43925,\"journal\":{\"name\":\"Arab Law Quarterly\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2022-06-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Arab Law Quarterly\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15730255-bja10109\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Arab Law Quarterly","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15730255-bja10109","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}

引用次数: 0

摘要

研究国际反恐法律的学者，尤其是阿拉伯世界的学者，经常注意到这些法律的模糊性。然而，很少有人对这些模棱两可的原因和后果进行评估。这篇文章探讨了以下问题:是什么使得反恐法律明显地服从于专制的工具化?什么样的机制允许反恐法律被用作加强专制稳定的手段?此外，这种工具化对社会和政治生活的影响是什么?本文试图通过关注约旦哈希姆王国2006年的反恐法及其2014年修正案来回答这些问题。作者认为，反恐法是一种独特的工具，因为它们特别强调预防和犯罪前。因此，反恐怖主义法律往往容易模棱两可，这使得它们得以扩大和工具化。本文讨论了反恐法律固有的模糊性如何影响这些法律的表述、执行和经验。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

查看原文本刊更多论文

Preventative Plasticities: Legal Ambiguities in Jordanian Counterterrorism Legislation

Scholars studying counterterrorism laws internationally, particularly across the Arab world, often note the ambiguity of these laws. Few, however, have taken stock of the causes and consequences of these ambiguities. This article explores the questions: What makes counterterrorism laws distinctly amenable to autocratic instrumentalization? What are the mechanisms that allow counterterrorism laws to be used as a means to bolster authoritarian stability? Furthermore, what are the consequences of this instrumentalization on social and political life? This article seeks to answer these questions by focusing on the Hashemite Kingdom of Jordan’s Anti-terrorism Law of 2006 and its 2014 Amendments. The author argues that counterterrorism laws are a unique tool due to their distinctive emphasis on prevention and pre-criminality. As a result, counterterrorism laws are often prone to ambiguities, which permit their expansion and instrumentalization. This article discusses how counterterrorism laws’ inherent ambiguity shape how these laws are articulated, enforced and experienced.

求助全文

通过发布文献求助，成功后即可免费获取论文全文。去求助

来源期刊

Arab Law Quarterly LAW-

CiteScore

0.50

自引率

33.30%

发文量

期刊介绍： The leading English-language legal publication in its field, Arab Law Quarterly covers all aspects of Arab laws, both Shari"a and secular. Now in its third decade, it provides an important forum of authoritative articles on the laws and legal developments throughout the twenty countries of the Arab world, notes on recent legislation and case law, guidelines on future changes, and reviews of the latest literature in the field. Particular subject areas covered are Arab laws in trans-national affairs, commercial law, Islamic law (the Shari´a), and international comparative law.