The Politics of Legal Arrangements: The “Duty of Care,” Justifying, Extending, and Perpetuating the Public-in-the-Private Forms of Protection

This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics surroun...

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Bibliographic Details
Published inIndiana journal of global legal studies Vol. 25; no. 1; pp. 265 - 289
Main Author Leander, Anna
Format Journal Article
LanguageEnglish
Published Bloomington Indiana University Press 01.01.2018
Subjects
Commercial regulation
Counterterrorism
Court decisions
Duty of care
Duty of care (Law)
Governance
Government regulation
International
International law
International organizations
International politics
Laws, regulations and rules
Legal arguments
Legal studies
Liberalization
Managerial authority
Military service
Political aspects
Political debate
Politics
Private military industry
Private security
Public-private sector cooperation
Purchasing power parity
Regulation
Security services
Security services industry
Social aspects
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Summary:This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics surrounding public-in-the-private forms of protection. I show that the Duty of Care does considerable political work. It contributes to decentering, commercializing, and depoliticizing protection. In so doing, the Duty of Care is justifying this specific form of protection, defining and extending its scope, and perpetuating it. The article makes this argument by drawing both on the legal discussion about the Duty of Care and on close observation of its presence in the Security and Counterterrorism Expo trade fair. It concludes that acknowledging the politics of the Duty of Care requires shifting the focus and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally.
ISSN:1080-0727
1543-0367
DOI:10.2979/indjglolegstu.25.1.0265