State of Emergency, with Dr. Maciej Wilmanowicz - the first episode of a two part interview on the Common Sense Generation video podcast series
The First Episode: On the first episode of Common Sense Generation, which aired August 30, 2024 and can be found here and below, Dr. Maciej Wilmanowicz describes himself as an intellectual historian rather than a philosopher by training. He studied law and history at the University of Warsaw but gravitated toward abstract aspects of law, particularly institutional and historical development. He works in the interdisciplinary field of history of ideas, which combines philosophy, history, sociology, law, political science, and theology.
Key Points Discussed:
Historical Roots of Emergency Powers: The modern concept of the state of emergency has deep roots in the Roman Republic, which had two mechanisms:
Senatus consultum: Empowered consuls to take special actions against threats
Dictator: Appointed for exactly 6 months, during which the entire legal system was suspended
The Roman justification was salus populi (safety of the people) combined with necessitas (necessity).
The Paradox of Legalizing Emergency Powers: Modern liberal democracies face a fundamental dilemma: they've attempted to "legalize" the state of exception by writing emergency powers into constitutions and laws. However, this creates problems:
Political Reasons: Governments avoid formally declaring emergencies because it signals their normal systems have failed, which invites voters to replace them
Legitimacy Concerns: Major decisions like imposing martial law seem illegitimate without consulting citizenry
Constitutional Liberal Concerns: Emergency powers were associated with arbitrary royal prerogative and undemocratic decision-making
The COVID-19 Example: During the pandemic, many states avoided formally declaring states of emergency, instead passing normal parliamentary legislation (like the USA PATRIOT Act post-9/11). This led to frequently changing, sometimes absurd regulations that citizens couldn't follow and didn't respect.
The "Permanent State of Exception" Thesis: Dr. Wilmanowicz argues we now live in a permanent state of exception because:
Public opinion demands rapid legislative responses to every problem
The faster the government changes regulations, the better they're perceived to be doing their job
This necessity-based thinking applies not just to external threats (war, terrorism, pandemics) but also to internal pressures like energy prices
Law has lost its traditional role of providing stability and guarantees, becoming instead a flexible tool for politicians
Core Questions Raised: The state of emergency concept forces us to examine fundamental issues: What are our common values and their hierarchy? What is the purpose of law—does it have objective value or is it merely a tool? What constitutes the worth of life? Who decides when circumstances are extraordinary enough to warrant exceptional measures, and who holds them accountable?
The episode ends by asking viewers to consider whether we're truly living in a permanent state of emergency where constant regulatory change has become normalized.
