Security and Order as Concepts of Democratic Self-Defense

In my paper, I will examine the interlinkage between the concepts of security and order by juxtaposing the histories of Early Modern Police (Policey) and rule of law from a theoretical and temporal perspective. The approach combines conceptual history, political theory and philosophy as well as, to some extent, relevant studies in criminology and law. By analyzing the concepts from a historical perspective, my main aim is to highlight the temporal differences that are inherent in concrete security policies of a modern state and how these policies involve political agency. Firstly, examining security strategies of Policey and rule of law from a temporal perspective offers us a crucial understanding in how internal security and order are maintained even in today’s societies, and how they differ from each other. Whereas measures typical of the Policey are based on prevention, repetition and continuous ex ante control, the rule of law is more likely to impose deterrents, penalties and ex post control to prevent unlawful behaviour. For example, from the point of view of criminal law, the aim of Policey regulation was to deter intentions contrary to custom and the law, whereas in the rule of law, it is only when an unlawful act has actually taken place that the mechanisms of security measures are triggered. Although at best effective, interfering with intentions can be highly problematic, especially in terms of individual rights and freedoms, and runs counter to the core principles of the tradition of rule of law. On the other hand, in the tradition of Policey, education and training of citizens develop not only the law-abiding but also the moral agency that is essential for internal security of a state. Secondly, political agency is at the core of democratic self-defense. Here lies the question that I wish to point out. Is it the state, the citizens individually or as a collective singular as civil society, or non-governmental actors that are responsible for security, and of what security? It is the concepts of state, security and order that need to be studied in order to understand what is to be defended and who are responsible for it. Temporal perspective to the concepts of security and order offers a unique view to the concrete security policies that are not implemented only by the state as a security actor, but also how concepts such as resilience include a notion of making citizens themselves responsible for their security but also that of the state in a limited sense. If the state is not seen as an abstract entity above the citizens, but as an actor comprised of the citizens, perhaps the concept of democratic self-defense can also be understood in a new sense.