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 33–ի 1-ից 5-ը:
... importance of such ongoing conversations about law, meaning, and violence as well as to encourage and further them. Series Editors: Martha Minow, Harvard Law School Elaine Scarry, Harvard University Austin Sarat, Amherst College ...
... important parts of the daily life of the people , constitutes in itself a moral conquest more striking , more durable , and far more solid , than the physical conquest which renders it possible . . . Our law is in fact the sum and ...
... important to be spe- cific here: for Foucault what is supplanted is not law but a form of sov- ereignty that he calls the juridical. In the new regime, law in its modern sense as a functioning of norms is pervasive.30 Rules are now ...
... important distinction. Particularly following World War II, there was a burst of intellectual activity, prompted by not only the fate of Weimar Germany and the question of law under fascism, but also by the wartime actions and excesses ...
... important to recall that Constitutional Dictatorship is largely preoccupied by the space of “emergency” in a modern form of norma- tive rule. The labor of Rossiter's text, then, is dedicated to demonstrat- ing the necessity of emergency ...
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 |