Gosetti, Stefania (A.A. 2024/2025) Enemies of the State: legal constructions of enmity and the limits of law. Tesi di Laurea in Security law and constitutional protection, Luiss Guido Carli, relatore Elena Griglio, pp. 141. [Master's Degree Thesis]

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Abstract/Index

The foundations of enmity in law and political thought. Defining the enemy in legal and political theory. The legal construction of enmity across history. Ethical and legal dilemmas in defining enemies. The enemy and the state: divergent conceptions of sovereignty in the United States and China. Sovereignty and the location of the enemy. The American paradigm: liberty, sovereignty, and the external threat. The Chinese paradigm: unity, sovereignty, and the internal threat. Enemy combatants in the US legal system after 9/11. Legal and constitutional tensions in defining enemy combatants. Habeas corpus and judicial jurisdiction. Due to the process of law and the boundaries of fairness. The alien enemies’ tradition and contemporary developments. The legal construction of Uyghurs as enemies in China. Historical and political context of Uyghur marginalization. Domestic legal framework: counterterrorism and security laws. Mechanisms of legalized discrimination. International legal and human rights dimensions.

References

Bibliografia: pp. 131-141.

Thesis Type:	Master's Degree Thesis
Institution:	Luiss Guido Carli
Degree Program:	Master's Degree Programs > Master's Degree Program in International Relations (LM-52)
Chair:	Security law and constitutional protection
Thesis Supervisor:	Griglio, Elena
Thesis Co-Supervisor:	Scotti, Valentina Rita
Academic Year:	2024/2025
Session:	Extraordinary
Deposited by:	Alessandro Perfetti
Date Deposited:	02 Jul 2026 07:35
Last Modified:	02 Jul 2026 07:35
URI:	https://tesi.luiss.it/id/eprint/46296

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