The Jurisprudence of Emergency: Colonialism and the Rule of LawUniversity of Michigan Press, 11 նոյ, 2009 թ. - 192 էջ Ever-more-frequent calls for the establishment of a rule of law in the developing world have been oddly paralleled by the increasing use of "exceptional" measures to deal with political crises. To untangle this apparent contradiction, The Jurisprudence of Emergency analyzes the historical uses of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. Nasser Hussain focuses on the relationship between "emergency" and the law to develop a subtle new theory of those moments in which the normative rule of law is suspended. The Jurisprudence of Emergency examines British colonial rule in India from the late eighteenth to the early twentieth century in order to trace tensions between the ideology of liberty and government by law, which was used to justify the British presence, and the colonizing power's concurrent insistence on a regime of conquest. Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation and delineation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory. |
From inside the book
Արդյունքներ 21–ի 1-ից 5-ը:
... Stephen , the political philosopher who also served as law member in India in the 1870s , insisted : The establishment of a system of law which regulates the most important parts of the daily life of the people , constitutes in itself a ...
... Stephen , by no means a liberal in either his jurisprudence or his politics , asked the Court , in his prosecution of officials charged with an abuse of authority in Jamaica , " whether law was to be paramount within the British Empire ...
... Stephen could insist that “per- sonal as opposed to territorial laws prevail here on all sorts of subjects. I think ... Stephen's impatience with, indeed, antipathy toward bland invocations by the colonial govern- ment to an oriental ...
... Stephen at his word and tried to understand what is meant by rule of law as a mode of governing in the colonies ? Here we see Stephen as the interlocutor of modern law in its essence- -a form of self - referential authorization elas ...
... Stephen had speculated , blue - eyed babies illegal . Dicey's ultimate answer to skeptics like Stephen was purely conventional : such an abuse of power had no particular check upon it , but would never really happen in Britain . Through ...
Բովանդակություն
1 | |
Chapter 2 The Colonial Concept of Law | 35 |
Habeas Corpus and the Colonial Judiciary | 69 |
Violence and the Limit | 99 |
Conclusion A Postcolonial Postscript | 133 |
Appendix A The Administrative Structure of Justice in British India | 145 |
Appendix B The History of NineteenthCentury Legal Codification in British India | 149 |
Notes | 153 |
Bibliography | 175 |
Index | 185 |