Law, the State, and (In)Security: A Study of Critical Security Approaches and the Problem of Cybersecurity

Volume 13|Issue 51| Winter 2025 |Articles

Abstract

​This study examines the overlap and conflict – ontologically – between three fundamental concepts: law, state, and security, along with the redefinition of other concepts such as freedom, justice, and rights. The central question of the study revolves around how to formulate a law that successfully enforces security within the state. It reviews the relationship between the state and the law and discusses cybersecurity as a new arena where the values of freedom and sovereignty clash, where the protection of individual liberties conflicts with state security interventions. It also highlights how these interventions can lead to violations of civil liberties, imposing a new conception of security crafted by the state. Additionally, the study addresses the transition from “rule of law” to a “security state”, where security, rather than freedom, becomes the ultimate goal of the state. It calls for rethinking the role of the state as a mediator between interconnected digital spaces and the challenge of formulating a legal framework capable of adapting to digital transformations without sacrificing democratic values.

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​Researcher and translator, Assistant Professor at the Faculty of Law, University of Algiers 1.

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