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 29–ի 1-ից 5-ը:
... governor-general had acted illegally in his recent decision to dissolve the constituent assem- bly and rule, in effect, by decree. The story is a long and unhappy one, and I will do no more here than briefly sketch its outlines ...
... governor-general as representative of the Crown would thus be exercising the plenitude of prerogative for the public good. Once the Court finds a justification for the actions of the governor-general in the law of necessity, it can move ...
... gov- ernor-general, Warren Hastings, in the 1780s, government by law was already becoming the privileged basis for the conceptualization of the “moral legitimacy” of British colonialism. The ideological justification for the British ...
... gov- ernment by law " or " rule of law . ” 19 In English jurisprudence , the term is most readily associated with the ... general principles that governed rule and rights were themselves the result of specific court decisions and their ...
Դուք հասել եք այս գրքի դիտումների առավելագույն քանակին.
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 |