Die .,drohende Gefahr" als Schlüsselbegriff einer Sekuritisierung des Rechts

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The notion of imminent dangers is becoming increasingly widespread in police law and police practices. Such dangers first and foremost represent an imagination of the legislature and security authorities and, in their conceptual (legal) vagueness, they are particularly suitable for enforcing executive authorizations which contain a new type of police power of disposal over time and space and, consequently, a flexibilization of control. This results in a securitization of the law, as we exemplify with the concept of the "endangerer", the concept of imminent danger in the new police laws and the methods of predictive policing, which all have their common vanishing point in an abstract idea of dangers and either personalize, generalize or localize them. This opens up new possibilities for a "governing through crime" (Simon) and can be read as a sign of a broad-based preventive securitization that is not without totalitarian dangers.

Translated title of the contribution“Imminent danger” as a key concept of a securitization of law
Original languageGerman
JournalZeitschrift fur Rechtssoziologie
Issue number1-2
Pages (from-to)3-25
Number of pages23
Publication statusPublished - 20.04.2021