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The Covid‐19 pandemic brought unprecedented governmental restrictions to personal and political freedoms. This article investigates individual‐level differences in mass support for the restriction of civil liberties during the first wave of the Covid‐19 pandemic. Employing theories of affect and decision making, it assesses the extent to which different emotional reactions toward the pandemic influenced attitudes toward mobile phone surveillance and the implementation of curfews. We test our hypotheses in five advanced European democracies using panel data which allow us to identify the role of emotions in support for restrictive policies controlling for individual heterogeneity. The results suggest that experiencing fear about Covid‐19 had a strong positive impact on supporting these measures, while hope and anger only played a minimal role. Importantly, the findings indicate that emotions moderate the impact of trust toward the government, a key variable for supporting the restriction of civil liberties during the pandemic. Specifically, experiencing fear was associated with higher acceptance of civil liberty restrictions. Further, experiencing fear substantially decreased the effect of trust in the government, rendering those who lack trust toward the government more supportive of civil liberty restrictions. These findings help us understand the psychological mechanisms that leads citizens to swiftly decide to sacrifice their civil liberties in the light of threat. Further, they offer empirical support for the causal role of affect in political decision‐making.
Religion is now politically active in ways that until recently were unthinkable. Both in Europe and elsewhere in the world, there are numerous examples of how religion has left its previously assigned place in the private sphere, becoming in some cases an important contributor to various political issues, conflicts and competitions. To understand what has happened in this regard necessarily involves a remodelling and re-assumption of our understanding of the public roles of religious actors. Until the 1960s or 1970s, theories of secularization had long condemned religious actors in both Western and non-Western countries to social and political marginalization. Secularization theory maintained that as countries modernized, religion would lose its public centrality. But, as this did not happen, there is now a need to rethink the public role of religion. This article is concerned with this issue, with a focus on Europe, using democratization, democracy and civil liberties as key examples.
There are emergent interests on the dynamics of counter-terrorism measures (CTMs) at global, regional and national levels, particularly with respect to how CTMs intersect with and shape state–civil society relations. Using a descriptive research design, this study examines how the implementation of CTMs influences the dynamics of state–civil society relations in Nigeria. The stratified random sampling was used to select 205 programme officers of civil society organizations (CSOs), while purposive sampling was used to select 29 executive directors of CSOs for in-depth interviews. The descriptive statistics and content analysis were used to analyse the data. The findings show that the capacity of CSOs to contribute to CTM is shaped by the politics that places CSOs in the service of the government. Their positioning helps establish an environment of conviviality in which CSOs advance the interest of the state in the context of counter-terrorism, and in turn, the state engages and endorses CSOs. The paper argues that CTMs are increasingly impinging on the operations of CSOs in Nigeria, thus constraining the autonomous space that defines CSOs that lie at the intersection of state and society.
The extent to which the English common law protected civil liberties in the past is widely debated. Were the judges protectors of core freedoms such as liberty and the right to protest or were they allies of the executive in their hostility towards them? Since at least Dicey, the common law has had a vision of itself as the former, but what does practice reveal? This article explores the many ways in which the advocates of female suffrage in the 10 years or so before the First World War interacted with executive and judicial authority in their effort to use what they saw as their ancient freedoms to protect their campaigning for the vote for women. The suffragette campaign generated a series of conflicts between the judicial and executive branches of the state while also testing the depth of the common law’s commitment to civil liberties.
While the UK may not have a single, codified constitution or Bill of Rights instrument, it nevertheless has a long history of rights protection under the common law and through various legislative enactments including, most notably, the Human Rights Act 1998 which gives effect in domestic law to the core rights enshrined in the ECHR. In this chapter, we examine how rights are protected (including their enforcement) in domestic law in the UK, paying particular attention to the principle of legality and the powers conferred on the courts under the Human Rights Act 1998. Common law rights continue to develop and evolve alongside the Human Rights Act and they still act as a vehicle to protect rights and fundamental values.
The chapter explores the Indian public’s proactive efforts to participate and insert themselves into the constitution-making process. This ran against the accepted wisdom at the time, which held that constitutions should be crafted by mature political elites and constitutional experts behind closed doors. Their insistence on having a say ultimately forced the Constituent Assembly to incorporate the public into its chambers and procedures, and it turned the constitution-making process into an open public affair. Newspapers, magazines, and radio programmes closely tracked the constitution-making process, and the draft constitution became a bestseller. The Indian public acted as unsolicited citizens, as sovereign-subjects, in their pursuit of their constitutional visions and aspirations. Even before the constitution arrived, the Indian public was busy working out its potential implications for their lives. Indians claimed ownership of the constitution, suggested amendments, translated it into vernacular languages, and they held the central and provincial governments to account on its basis. They, thus, legitimated the constitution even while it was being made.
The KCIR was extensively debated in social scientific and legal journals. It was also seriously considered in the era’s most powerful legal professional organizations as a general model for managing industrial disputes. However, support for and hostility to the KCIR cut across established ideological alignments: there was no setting where it did not provoke strong disagreement among influential figures. In economics, a heterogeneous group of institutionalists friendly to the KCIR were rebuffed by Kansas officials, while a coherent group of Wisconsin-connected economists articulated a strong case against it. In law, an ideologically diverse group of leading scholars and practitioners nearly succeeded in winning the Kansas Industrial Court Act’s formal endorsement as a uniform law. But an emergent alliance of academic reformers and elite corporate practitioners succeeded in banning its discussion in key organizational settings. The KCIR controversy hastened the end of the legal profession’s involvement in social legislation and helped extinguish American interest in labor courts.
This essay contributes to the Forum on Michael Willrich’s American Anarchy. It considers the book’s contribution to the history of political economy by exploring anarchists’ politics of political economy–the political ideas and practices they deployed to topple industrial capitalism and the powerful American state that fueled it.
Public health emergencies sometimes require the restriction of civil liberties through social distancing: lockdowns, quarantines, the closure of public spaces and institutions, and so on. Social distancing measures can decrease mortality and morbidity, but they also cause social and economic harm. Policymakers have to make trade-offs between “lives and livelihoods,” while introducing only minimally necessary restrictions on civil liberties. Traditionally, cost-benefit analysis has played a central role in formulating these trade-offs. Recently, however, some philosophers have argued that the trade-offs should instead be made on the basis of contractualist moral theory. In this essay, I argue against the use of contractualism for this purpose.
Global Navigation Satellite Systems (GNSS) positioning and integrity monitoring models and algorithms currently generically assume that measurement errors follow a Gaussian distribution. As this is not always the case, there is a trade-off affecting system safety and availability, emphasising the need for better error characterisation in mission-critical applications. Research to date has shown advantages of Generalised Extreme Value (GEV) distribution for mapping extreme events. However, it is more complex than the Gaussian distribution, especially in the error convolution process. This paper derives a distribution, referred to as the GEV-based Gaussian distribution, that benefits from the advantages of both the GEV and Gaussian distributions in mapping extreme events and simplicity, respectively. The proposed distribution is tested against Gaussian, GEV and Generalised t distribution. The results show that the proposed distribution can provide a better bound for extreme events than the tested distribution both for pseudorange and carrier phase errors.
Contextualizing the regulation of human mobility in a new security framework, this book offers an original perspective on the dominant mode of politics and evolving norms shaping the immigration policies of contemporary liberal states. In doing so, the authors challenge existing paradigms that privilege economic and cultural factors over new security ones in explaining the critical institutional and normative changes in migration management, from the early post-WWII through the post-Cold War era. Drawing on evidence from multiple sources, including media and elite discourse, policy tracking, party manifesto data and public opinion across Europe and the US, the book exposes the restrictive nature of immigration politics and policies when immigration is framed as a security threat, and considers its implications for civil liberties. Informed by a rich breadth of scholarly sub-disciplines, the findings contribute both empirically and theoretically to the literatures on international migration, security and public opinion.
When establishing constitutional rules that regulate political parties, liberal democracies struggle between civil liberties—thus tolerating anti-democratic parties—and potential threats of democratic breakdown, which can be reduced by prosecuting and prohibiting anti-democratic parties. We suggest that liberal democracies must balance false positives and false negatives by combining ex ante and ex post regulatory mechanisms. By making use of a unique dataset of thirty-seven liberal democracies collected by the authors, we find empirical results consistent with our positive theory. An extensive review of the normative debate and case law provides additional qualitative support.
Wartime pressures to protect national military and security interests inevitably create threats to civil liberties. This essay reviews the abuses of the period, carried on by public officials as well as citizens who saw themselves as acting on their behalf. There was a remarkable range of targets—with few spies to find, broadly defined disloyalty sufficed. The attempt to create a unified, loyal culture extended to wide areas of the culture, such as the teaching of history, aided by volunteers. The public and private efforts brought ruined reputations, imprisonments, public shaming, murders, and awful behavior on the part of courts and citizens. These were bad times for civil liberties. This essay reviews the history and explores the legacies.
This chapter is dedicated to the role of the potential opposition in autocracies. It deals with the various forms of repressing dissent and how autocratic incumbents keep the opposition at bay. Like the previous and the subsequent chapters, it condenses in a first step our current knowledge about the topic, carving out the lessons learned for the conceptualization of the over-politicizing and de-politicizing logics. It introduces the broad distinction between soft and hard forms of repression. While the former violates civil liberties and political rights, the latter infringes upon the person’s integrity rights. It is argued that over-politicizing autocracies seek to justify even the usage of hard repression by inflating a friend-foe distinction and declaring an internal foe. In contrast, de-politicizing regimes avoid using this type of repression, as it risks breaking the silent autocratic contract between the passivated people and the regime that is supposed to materially deliver.
The analysis examines the effort to incorporate labor rights into the American conception of civil liberties and the opposition to that endeavor. It focuses on three Senators—Robert Wagner, Robert La Follette, Jr., and Elbert Thomas—and New Deal officials who conceived of the National Labor Relations Act as a cornerstone of the effort to achieve “economic justice” and defended the law against its critics. It examines the opponents, including the National Association of Manufacturers and an anticommunist alliance between southern Democrats and Republicans. An ideological counteroffensive recast the supporters of social rights as un-American opponents of free enterprise and defined civil liberties as protecting the individual from an expansionist state and labor bosses. The analysis demonstrates the multiple causes for the disappearance of ideological space for conceiving that protection from oppressive employers constituted a civil liberty and the displacement of labor rights by the “right to work.”
This chapter introduces those rights and freedoms that are considered core to the democratic process. Those freedoms (often labelled ‘civil liberties’) ensure that individuals are able to circulate and obtain information freely, are able to participate in the election of representatives (and governments) and are able to peacefully – and collectively – make public demonstrations of political viewpoints without incurring criminal sanctions. In turn this chapter will therefore consider freedom of expression, freedom of assembly, the liberty and security of the person, and the right to vote.
In this Chapter, I use American mass incarceration and the War on Drugs to draw conclusions about the increasing use of the criminal justice system to combat the abuse of non-human animals. I conclude that expanding criminal sanctions will result not just in increased incarceration, but in net-widening and deprivation of civil liberties. Furthermore, such negative effects are likely to be unequally distributed, falling most heavily on communities of color.
Since the 1970s, the campaigns of animal protection advocates have been met with increasingly draconian government response, reflected in the Federal Bureau of Investigation’s post-9/11 classification of animal rights activists as the “number one domestic terrorism threat.” Animal advocates—who have never harmed a human being—have been targeted by expanded federal and state anti-terrorism legislation, disproportionate prison sentences, sweeping new surveillance powers, and experimental prison units, among other attacks. This article explores how, and why, the civil rights and civil liberties community have largely ignored—and in some cases even embraced— the carceral logic of criminalizing animal rights activists as “terrorists.”
Research from the United States has shown that the 9/11 terrorist attacks activated individuals’ ethnocentric predispositions to structure public opinion toward several political and social issues. Beyond this overall finding, several aspects of the activation hypothesis remain unexplored, including its geographical and substantive scope. Using the quasi-random timing of terrorist attacks during the collection of the 2016 GGSS, we demonstrate the terrorism-induced activation of ethnocentrism in Germany. Specifically, a cascade of terrorist attacks involving immigrants in the summer of 2016 activated ethnocentrism among native Germans to predict (lower) support for civil liberties relative to security concerns after its influence had been absent just a month before. Further, we show that the activation of ethnocentrism holds up in a series of robustness checks and is not explained by alternative factors, including other predispositions.
In this chapter we present our recommendations for how the policy landscape in the U.S. and other liberal democracies should respond to the opportunities and challenges brought on by quantum information science. These recommendations are informed by the four scenarios of quantum futures combined with the understanding of technology capabilities we discussed in Part I. We begin this chapter by putting our cards on the table and presenting our policy goals. We then explore how to achieve these goals using traditional policy levers: direct investments, education, and law. We conclude with a discussion of national security issues.