Counter-extremism is the most dynamic part of UK counterterrorism policy. This article examines Prevent, the flagship counter-extremism programme, through a statetheoretical lens. It addresses questions of state institutionality, state power, and statesociety relations. It argues that counter-extremism aims to avert the possibility of a political future by repressing the formation of non-liberal political subjectivities. To achieve this, Prevent divides society along political lines; aligns welfare institutions with the security apparatus; mobilises society in a security endeavour; exercises an authoritarian 'pastoral' power; replaces trust with generalised suspicion; and construes subjectivities without capacity for historical agency. Therefore, Prevent is a political paradox: an anti-liberal project aiming to secure and perpetuate liberalism.Introduction: From community to society (and from society to the state)Since its strategic relaunch in 2011, counter-extremism has been the most dynamic part of UK counterterrorism policy. It is prominent in public discourse, in institutional and strategic development, and it expands the boundaries of where security policy can apply and what it can achieve. This article examines the institutional structure, function, and rationale of Prevent, Britain's flagship counter-extremism programme; and appreciates them in the light of political and state theory. In doing so, it offers a novel approach to counter-extremism, a wider vistaand deeper critiquethereof.Critical accounts of Prevent tend to conceptualise it as a relation between the state and British Muslim communities. They find Prevent is 'construing the Muslim community as the actionable site of counterterrorism' ([82]: 7). They theorise it as a an intervention in state-community and inter-community relations [84]; as a project that maps the Muslim community [3]; coercively intervenes in the realm of theology [54]; https://doi.
Since the turn of the century, across North Atlantic countries, counterterrorism law has been an area of relentless, highly prioritized, legal production that often challenges rule of law principles. This article provides a general overview of United Kingdom counterterrorism legislation and, drawing from jurisprudence, state theory, and political philosophy, constructs an analytical framework to assess its implications for the broader shape, function, and logic of law. It starts by assessing the dynamic tension between authoritarian and democratic elements that constitutes modern law, thus setting the overall conceptual framework in which counterterrorism law pertains. It proceeds to analyze U.K. counterterrorism law, by juxtaposing it to its United States counterpart and by deciphering the key trends into which its provisions combine. Based on this account, the article considers the implications of counterterrorism law for the law-form, that is, for the articulation between legal content, logic, and institutionality. It finds that, although the content and logic of counterterrorism law are incompatible with rule of law principles, they are developed in an institutional framework adherent to the rule of law. To account for this paradox, the article concludes that counterterrorism law signals the advent of authoritarian legality, a reconfiguration of the rule of law where the latter holds its institutional shape, but comes to consist of, and be driven by, authoritarian content and purposes. The article outlines the main characteristics of authoritarian legality, compares it to existing approaches to counterterrorism law, and indicates its plausibility for U.S. counterterrorism jurisprudence.
This article discusses US counterterrorism from a class perspective. It sees counterterrorism as a state policy with differential effects on different social classes. In doing so, the article starts to address a lacuna in critical studies of counterterrorism, which tend to be rather structural and formal, thus ignoring the pertinence of counterterrorism to the field of social dynamics. To partly rectify this blind spot by addressing some class implications of counterterrorism, the article examines the effects of counterterrorism policy on capital accumulation and its social conditions. It notes that counterterrorism has different implications along class-lines: for dominant capital, it signifies appropriation of public money and direct participation in political decisions; for everyone else, it means material dispossession and political exclusion. Given that counterterrorism was developed between two crises of neoliberalism, the article distinguishes between economic crises, which tend to benefit capitalism, and political crises, which can be destructive, and suggests that counterterrorism is partly a restructuring of the neoliberal state so that it can manage recurring economic crises, while preventing their evolution into political ones.
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