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Security, Surveillance And Counter-Law By Richard Ericson

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In his article “Security, Surveillance and Counter-law”, Richard Ericson (2007) explores the emergence of counter-laws at the dawn of the 21st century as a response to the uncertain times brought about by risk and security related issues such as terrorism and deviance. This results in the dilution of legal equality, the temporary suspension of the rule of law, and the overall undermining of the democratic process. Counter-law is defined as the creation of new laws with the objective to undermine or eliminate original laws that ensure democratic processes. The fundamental underpinning of counter-law is the precautionary principle which is also the response to govern uncertainty. The precautionary logic is concerned about futurity and the crimes …show more content…

Ericson’s argument that the insecurity felt in modern times and the corresponding response by state intervention which leads to an erosion in democratic processes is not universally concurred. Some countries like Singapore strike a unique balance between the use of counter-law in times of emergency while practising inclusionary measures. Multiculturalism, the very definition of an inclusive society, plays a central role in the governance of Singapore yet counter-law exists. Singaporeans have a tendency to prioritise security over the liberal values of democracy (Lee, 2013; Harris, 2014). Even if it is a temporary suspension of democratic processes, Singaporeans are generally cooperative to their version of counter-law which is the Internal Security Act. The problem with Ericson’s argument is that it does not apply to most Asian country. The number of uproars over the lack of ‘proper democracy’ in Asia advocated by most liberal western media seem to illustrate the fact of ethnocentrism. Ericson concluded by stressing that counter-law “itself becomes a source of harassment, alarm and distress” (Ericson, 2007, p. 7). Perhaps, it would be worthwhile to consider that certain democratic liberties are just not readily agreed upon in the Asian context. Additionally, the harmonious and inclusive feature of the Singaporean model while practising the use of counter-law is a point of disagreement to Ericson’s argument. This could serve as a reminder that the liberal values of democracy are not the universal ‘correct’ end objective to achieve. This is and has always been a debate on the exclusion and inclusion of certain culture, practices, and communities. Who is to say that the culture and practice of the individualistic, liberal, and democratic ideals should be the lens to analyse pervasive issues of contemporary

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