We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Publius and state of emergency - Essay Example

Comments (0)
Summary
Name of the professor Unit Name Submission Date Pablius’s and Schmitt’s theory on the State of Emergency; Rasul Versus Bush At the onset of this paper, it is vital to become acquainted with the term state of emergency. According to Macmillan Dictionary, state of emergency is a situation where a government takes action to deal with serious occurrences that puts many people in danger…
Download full paper
GRAB THE BEST PAPER
Publius and state of emergency
Read TextPreview

Extract of sample
Publius and state of emergency

Download file to see previous pages... For instance, when dealing with terrorists it is hard to draw a boundary between human rights violation the political stability of a nation. When a government declares a state of emergency due to an event, it has to move swiftly and effectively in averting it and containing its consequences with all possible means since such events are always detrimental to a large population of a country. Having understood state of emergency, it is safe to discuss theories that relates to the same, and the paper will explore Publius’s and Schmitt’s theories and determine which one among them is more vindicated by the case of Rasul versus Bush. Publius coined a theory indicating that interest is the motive that derives the decisions and federalist’s behavior. Pablius describes the term interest, basically as the self desire to gain causing individuals to strive ceaselessly for possessions that guarantee their preservation and comfort (Eugene 32). Those who are appointed to leadership positions in the federal government should be people who understand the federalist’s interests and committed to defending them. This means that the federal constitution is designed in a manner that takes into consideration the federalist interests. Those entrusted with the interpretation and implementation of constitution are expected to defend the interests of the federal government. Pablius argues that emphasis should not be placed on the character of the rulers but rather the arrangement of their passions and interests (Eugene 45). He observes that the constitution is meant to regulate and to protect the political interests of the nation. It follows that the judges in the federal government should ensure that their rulings do not jeopardize the political and national interests of United States. State of emergency involves very serious matters, that a government concerns itself with, since they affect an enormous number of citizens either directly or indirectly. One of such events is terrorism and the federal judges must take into account the political, economic and social interests of America when handling cases related to terrorism. Carl Schmitt is another scholar who postulated a theory on the state of emergency. He argues that state of emergency entails the total suspension of the legal order in order to stabilize a country from detrimental occurrences like civil wars (Giorgio). The suspension of the law is geared towards enhancing the welfare of human beings. There comes a time where the people’s lives are more precious that the law and legal procedures. It is not appropriate to follow the law when the process can jeopardize people’s lives. However, state of emergency should not be equated to a state of 1. See the political science reviewer by Eugene Miller for more Insight on Pablius theory on state of emergency lawlessness or anarchy since this is extreme, and in this arrangement, no one follows the law or takes responsibility for criminal acts exacerbated by the fact that there is no stable authority with robust will power to enact legislations. Schmitt’s theory of the state of emergency is presented in the doctrine of sovereignty; the sovereign has the power to declare a state of emergency but is also obligated to ensure legal order prevails in a state (Giorgio). The sovereign authority is one that has been given the ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Analyzing the differing conceptions of separation of power held by Publius and Anti-Federalists
Among other aspects of the new Constitution, the problems of separation of powers and of prevention of abuse of power were of great importance. In this paper, I will analyze the positions of Federalist and Anti-Federalist authors on these issues, and will attempt to show on which aspects they coincide and on which held divergent views.
3 Pages(750 words)Essay
The operation of your State Disaster Management System and its new state of the art Emergency Operations Center
Wherein, we could now see a lot of caution all around our town to at least prevent anything wrong that would endanger us. But what if certain things can never be prevented in occurrence and that it will be there no matter what we will do like for example, typhoons, hurricanes, earthquakes, floods and any kinds of uncontrollable disasters?
3 Pages(750 words)Essay
Emergency Manager
Disasters can be in the form of earthquakes, hurricanes, pandemics, political violence, terrorism, and other calamitous events. Call it civil defense, homeland security or emergency management; they all pertain to an approach to planning, preparing, mitigating, and responding to emergency events (Fagel 2012).
3 Pages(750 words)Essay
Ehrenheichs State of Emergency: Unsubstantiated Scaremongering
Though a living wage is a relevant issue, and one which needs constant attention, Ehrenheich undermines her argument by relying on spurious evidence. This essay will argue that she presents no valid evidence that America is experiencing a state of emergency.
2 Pages(500 words)Essay
Emergency Nursing
5 Pages(1250 words)Essay
Emergency Management
The terrorist activities like 9th and 11th September 2001 attacks on the World Trade Center and the Pentagon are ideal illustration of the havoc that can be created by terrorists. Natural disasters like floods, hurricanes etc. have claimed lives and property in huge numbers.
7 Pages(1750 words)Essay
Emergency Nursing
According to the paper based on this case study, it is essential to identify the immediate priorities of care, how the patient would be triaged and why, provision of optimal care to the patient by services and support, and delivery of culturally appropriate care in the emergency room. The case study of the patient in the emergency care department is an example of the emergency care given to a youth belonging to a different culture, who is brought to the facility in a poor physical and mental condition as a result of unprovoked assault.
10 Pages(2500 words)Essay
Introduction to Emergency Planning and Operations; Types of Emergencies and Disasters
he process of emergency planning and operation is important to be able to prevent detrimental effects of calamities and other types of events to intensify. Basic knowledge on methods to react on a variety of situations can empower public. Basically, the achievement of
4 Pages(1000 words)Essay
State Disaster Management System and Emergency Operation Center
Although preparations by Disaster Response Systems have been there for various events, hurricanes have recently proven to be a principal cause of concern. Statistics such as 8 deaths, electricity disruption affecting 2 million people and 10,000 flights
2 Pages(500 words)Essay
Emergency Preparedness Disaster Plan for state of California
Therefore, it is important to ensure that several measures and strategies are put in place to ensure proper and timely preparedness to anticipate such disasters (Irwin, 2013). It is of crucial
1 Pages(250 words)Essay
Let us find you another Essay on topic Publius and state of emergency for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us