Disaster law

Disasters and their management are today central to public and political agendas. Rather than being understood as exclusively acts of God and Nature, natural disasters are increasingly analysed as social vulnerability exposed by natural hazards. A disaster following an earthquake is no longer seen as caused exclusively by tremors, but by poor building standards, ineffective response systems, or miscommunications. This book argues that the shift in how a disaster is spoken of and managed affects fundamental notions of duty, responsibility and justice. The book considers the role of law in disas.

Cover; Title Page; Copyright Page; Dedication; Table of Contents; Acknowledgements; 1 Introduction; 1.1 Structure and content of the book; 1.2 Some methodological remarks; 1.2.1 On the field; 1.2.2 On case selection; 1.3 Limitation of scope; 1.4 Conclusion; 2 Disasters; 2.1 Scientific revolutions: paradigm theory; 2.2 Three paradigms of disaster research; 2.2.1 God/divinity; 2.2.2 Nature/contingency; 2.2.3 The social/vulnerability; 2.3 The social paradigm of disaster research: positions, classifications and developments; 2.4 Modern disaster research; 2.4.1 Risk; 2.4.2 Vulnerability.

2.4.3 The impact of disasters: death and destruction2.4.4 Disasters and catastrophes?; 2.4.5 Super hazards?; 2.4.6 Natural disasters?; 2.5 Conclusion: disasters as social phenomena; 3 Exceptions and norms; 3.1 Idealised positions in emergency theory; 3.1.1 Legal-executive discretion: presidential prerogative, traditional martial law and police powers; 3.1.2 Extra-legal executive discretion: the Lockian prerogative and extra-legality ; 3.1.3 Absolute executive discretion: the Schmittian exception; 3.1.4 Legislative accommodation: the enabling act.

3.1.5 Legislative accommodation: legality and the état…