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 42–ի 1-ից 5-ը:
... example, while the British in India developed an elaborate and relatively strong judiciary, they equally insisted that certain “acts of state” would be beyond judicial inquiry. Thus Regula- tion III of 1818—“A Regulation for the ...
... example of how such measures are not confined to India, but become precedents not only for similar measures elsewhere in the empire but for thinking about emer- gency in general. Thus the mode of emergency rule embodied in the Bengal ...
... example, a whole range of special exemptions and statuses divided the legal domain, not only by race (Europeans and natives) but also by religion (Muslims and Hindus subject to their own personal law). Earlier, law under the East India ...
... example , Stephen considered the question of whether rules and codes were suitable to the rough and rugged colo- nial frontier . Emphatically insisting that the question was really about - indeed , had to be about - different kinds of ...
... example , the recognizable unit of the nation - state , or is it a more politico - philosoph- ical space of the " West " ? Here the limits of Foucault's work for a history of emergency , par- ticularly colonial emergency , begin to ...
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 |