Committing Sociology (of Law): The Autonomy of Law in Canada's 'War on Terror'
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Critical sociologists often argue that post-2001 counterterrorism policies, which depend on extraordinary powers and various executive provisions, are the ultimate example of sovereign power’s victory over the rule of law. Such opprobrium often ignores the empirical study of legal communications in lieu of policy documents and political discourses. As such, this thesis advocates for an analysis of legal communications in the context of Canada’s ‘war on terror’. The aim is to provide an alternative sociology of anti-terrorism law by engaging with a theoretical perspective often overlooked in sociology: Niklas Luhmann’s social systems theory. Through an analysis of Supreme Court of Canada decisions, this thesis examines the impact of anti-terror legislation on the autonomy of law. It is argued that while the system of law is always ‘endangered’ by threats from the outside, law’s creative maintenance of anti-terror legislation can be read as an example of the reinforcement of law’s autonomy.
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Copyright © 2014 the author(s). Theses may be used for non-commercial research, educational, or related academic purposes only. Such uses include personal study, research, scholarship, and teaching. Theses may only be shared by linking to Carleton University Institutional Repository and no part may be used without proper attribution to the author. No part may be used for commercial purposes directly or indirectly via a for-profit platform; no adaptation or derivative works are permitted without consent from the copyright owner.
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- 2014
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