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Anti-terrorism legislation : ウィキペディア英語版
Anti-terrorism legislation

Anti-terrorism legislation are laws the purpose of which is fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under the grounds of necessity.
Because of this suspension of regular procedure, such legislation is sometimes criticized as a form of ''lois scélérates'' which may unjustly repress all kinds of popular protests. Critics often allege that anti-terrorism legislation endangers democracy by creating a state of exception that allows authoritarian style of government.
== Anti-terrorism in the 19th century ==

At the end of the 19th century, Russia, Europe and the United States were confronted to a new radical movement which engaged in violent and illegal acts. This movement was first created in Tsarist Russia, where young intellectuals, sometimes staunch positivists, began to engage in a violent struggle against the Czar. Finding their influence in Nikolai Chernyshevsky's ''What Is To Be Done?'', they began to advocate assassinations and bombings.
One of the first group, ''Zemlya y Volya'' (Land and Liberty), formed of upper-class professional revolutionaries, started armed struggle against the Czar's regime. Sergey Nechayev (1847–1882) would become one of the most famous figures of what quickly became known as a "Nihilist" movement, whose fate was described by Albert Camus in ''The Just Assassins'' (1949) — Camus would later write a thoroughly thought-out essay on existentialism rebellion and the use of violence in history in ''The Rebel'' (1951), which denounced both quietism and terrorism. Russian nihilists eventually succeeded in assassinating Alexander III in 1881.
The "nihilist movement" then quickly spread to all of Europe, in particular via one of the founder of anarchism, Mikhail Bakunin, who fled to Switzerland, a haven for political refugees of the time. There, he joined the First International (IAW), which eventually theorized "propaganda of the deed." Starting in the 1880s, a wave of bombings and assassination attempts, organized by people close to the anarchist movement, literally began to terrorize the governing classes. Propaganda of the deed was not necessary violent action, but often took that form.
Spinning on the right of rebellion, which had been theorized centuries ago by liberal thinker John Locke, such anarchists had no moral problems in theorizing regicides and tyrannicides, since it was "for the good of the people." Bakunin thus wrote that "we must spread our principles, not with words but with deeds, for this is the most popular, the most potent, and the most irresistible form of propaganda."〔Bakunin, Mikhail (1870) "(Letter to a Frenchman on the Present Crisis )"〕
As soon as 1887, several anarchists opposed themselves to what they saw as a self-defeating tactic, including Peter Kropotkin, who wrote that year in ''Le Révolté'' that "it is an illusion to believe that a few kilos of dynamite will be enough to win against the coalition of exploiters". Kropotkin's pragmatism eventually proved to be more realist than the most radical anarchist's idealism. Soon, all the labour movement was confronted to strong repression from the state, which did not manage to convince the people to start an insurrectionary and general strike, as had been expected by the theorists of propaganda of the deed. Furthermore, as depicted in Joseph Conrad's novel, agent provocateurs also infiltrated the movement, permitting many arrests in the social movement.
In France, after Auguste Vaillant's attempt, the "Opportunist Republicans" voted in 1893 the first anti-terrorist laws, which were quickly denounced as ''lois scélérates''. These laws severely restricted freedom of expression. The first one condemned apology of any felony or crime as a felony itself, permitting widespread censorship of the press. The second one allowed to condemn any person directly or indirectly involved in a ''propaganda of the deed'' act, even if no killing was effectively carried on. The last one condemned any person or newspaper using anarchist propaganda (and, by extension, socialist libertarians present or former members of the International Workingmen's Association (IWA):
"1. Either by provocation or by apology... (who has ) encouraged one or several persons in committing either a stealing, or the crimes of murder, looting or arson...; 2. Or has addressed a provocation to military from the Army or the Navy, in the aim of diverting them from their military duties and the obedience due to their chiefs... will be deferred before courts and punished by a prison sentence of three months to two years.〔 ''"1. Soit par provocation, soit par apologie () incité une ou plusieurs personnes à commettre soit un vol, soit les crimes de meurtre, de pillage, d’incendie () ; 2. Ou adressé une provocation à des militaires des armées de terre et de mer, dans le but de les détourner de leurs devoirs militaires et de l’obéissance qu’ils doivent à leurs chefs () serait déféré aux tribunaux de police correctionnelle et puni d’un emprisonnement de trois mois à deux ans."''〕

Thus, free speech and encouraging propaganda of the deed or antimilitarism was severely restricted. Some people were condemned to prison for rejoicing themselves of the 1894 assassination of French president Sadi Carnot by the Italian anarchist Caserio. The Trial of the Thirty took place in 1894, at the issue of which almost all the defendants were acquitted. The term of ''lois scélérates'' has since entered popular language to design any harsh or injust laws, in particular anti-terrorism legislation which often broadly represses the whole of the social movements.
The United Kingdom quickly became the last haven for political refugees, in particular anarchists, who were all conflated with the few who had engaged in bombings. Already, the First International had been founded in London in 1871, where Karl Marx had taken refuge. But in the 1890s, the Kingdom became a nest for anarchist colonies expelled from the continent, in particular between 1892 and 1895, which marked the height of the repression. Louise Michel, aka "the Red Virgin", Émile Pouget or Charles Matato were the most famous of the many, anonymous anarchists, deserters or simple criminals who had fled France and other European countries. A lot of them returned to France after President Félix Faure's amnesty in February 1895.
A few hundreds persons related to the anarchist movement would however remain in the UK between 1880 and 1914. The right of asylum was a British tradition since the Reformation in the 16th century. However, it would progressively erode itself, and the French immigrants met with hostility. Several hate campaigns would be issued in the British press in the 1890s against these French exilees, relayed by riots and a "restrictionist" party which advocated the end of liberality concerning freedom of movement, and hostility towards French and international activists〔(Project of a doctoral thesis ), continuing work on "French Anarchists in England, 1880-1905", including a large French & English bibliography, with archives and contemporary newspapers.〕
Could the Kingdom continue to provide haven for activists which did not confine themselves to opposition in one single country, but which travel from country to country, theorizing in International Revolution? Thus, strong debates began to shake the island, which finally decided to restrict freedom of movement. Thus were created one of the first immigration control laws. In a wholly different context, the same kind of debate would be lifted at the end of the 20th century, with the resurgence of international terrorism, this time under the guise of Islamic terrorism.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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