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 35–ի 1-ից 5-ը:
Colonialism and the Rule of Law Nasser Hussain. To my parents and Omar Contents Chapter 1. Acknowledgments Introduction: The Historical and Theoretical Background.
Colonialism and the Rule of Law Nasser Hussain. Contents. Chapter 1. Acknowledgments Introduction: The Historical and Theoretical Background ix 1 Chapter 2. The Colonial Concept of Law 35 Chapter 3. The “Writ of Liberty” in a Regime of ...
... and 4 appeared in Law and Critique 10 (1999). Thank you to that journal and to Kluwer Academic Publishers for permission to reprint. Chapter 1 Introduction: The Historical and Theoretical Background In 1955, Acknowledgments.
Colonialism and the Rule of Law Nasser Hussain. Chapter. 1. Introduction: The. Historical. and. Theoretical. Background. In 1955, the Supreme Court of Pakistan (then called the Federal ... Introduction: The Historical and Theoretical ...
... setting out the terms of the title of this book in greater detail. I must stress, however, that while what follows does introduce the existing literature on the topics , its main task is Historical and Theoretical Background 7.
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 |