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 26–ի 1-ից 5-ը:
... executive and legislature, threaten the very stability of the state? The Court chooses to affirm the actions of the governor-general, “to cross the gap by a legal bridge.” Such a crossing, and such an affirmation of actions, is effected ...
... executive power , whether they argued for it in terms of monarchical prerogative , as they did till the end of the eighteenth century , or in terms of the supremacy of the legislature ( itself part of the executive in the colonies ) ...
... executive and the force of its army. As such, the state would register the effects of conflicting impulses: for example, while the British in India developed an elaborate and relatively strong judiciary, they equally insisted that ...
... executive, and the large-scale intervention in economic and/or political liberties.47 For our purposes, these efforts at containment are particularly telling, for ultimately, I think, they prevent Rossiter from confronting the ...
... executive with more control); second, Rossiter does draw on what he calls the “trailblazing” work of Carl Schmitt and his more constitutive level of questioning the relation between norm and exception, but confines himself largely 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 |