Theoretical and philosophical aspects of special powers of a political community with regard to counter terrorism security

Abstract

The material scope of the analysis undertaken in the text covers the issues concerned with the relationship between two goods. Between the good constituted by community security on the one hand, and the good vested in the power to apply special measures falling within necessary defence and the state of higher necessity. The problem of the relationship between two goods, e.g. a conflict between two goods, can be observed in the competition between the common good and the good of the individual. A similar relation can be noted in the process of derogation from the obligations upon the contemporary political community as regards protection of life and other individual rights and freedoms. Special cases of the conflict between goods include the admissibility of the use of force, violence or restriction of individual freedom. Undoubtedly, situations in which individuals or groups are subjected to torture or have their life taken serve as the most extreme examples of violence use by the political community. All kinds of surveillance measures used by state institutions should be reckoned among the examples concerned with interference in individuals’ private lives.
 The main purpose of the analysis contained in the text is to present all manner of argumentation concerned with the possibility of applying special measures within or outside the bounds of necessary defence and the state of higher necessity by the political community. In order to elaborate the objective scope of the analysis, the following research questions have been formulated in the text: (1) To what extent is it possible, within the limits of the law and per analogiam to the individual’s adequate actions, for the political community to apply special measures (necessary defence or the state of higher necessity) with the aim of providing security (and in particular counter terrorism security) for itself?, (2) To what extent is it possible, outside the limits of the law and per analogiam to the individual’s adequate actions, for the political community to apply special measures (necessary defence or the state of higher necessity) with the aim of providing security (and in particular counter terrorism security) for itself?
 The presented analysis is chiefly an overview of a conceptual character with regard to the presentation of the issues concerned with the relationship between such goods as security and special powers of a political community. For the presentation of the legal aspects of this issue textual, functional and systemic interpretations have been applied. Next to the individual kinds of legal interpretation, in the course of argumentation a theoretical reflection on the law is used. The conceptual approach to the title problem makes use of argumentation per analogiam to appropriate actions by an individual when faced with a direct threat, and specified in the provisions of the Polish criminal law – necessary defence and the state of higher necessity.