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 50–ի 1-ից 5-ը:
... fact as its Englishness. As John Brewer and John Styles, the editors of An Ungovernable People, have shown, seventeenth and eighteenth century Englishmen's conceptions of government were intimately bound up with their actual experience ...
... fact the sum and substance of what we have to teach them . It is , so to speak , the gospel of the English , and it is a compulsory gospel which admits of no dissent and no disobedience . " " Dissent " and " disobedience , " however ...
... fact the con- structed product of colonial knowledge and of specific historical trans- actions between colonizers , local elites , and subject groups . This is a literature to which I am generally intellectually indebted , although this ...
... fact , better understood as a specific form of rule . The latter effort would commit us to understanding the rule of law beyond its contemporary association with democratic freedom and just rule , forcing us instead to consider the ...
... fact , he places the apparatus of security , along with the new target of population and the new operational knowledge of politi- cal economy , in his central definition of modern power . But by confin- ing his attention to the interior ...
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 |