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. |
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Արդյունքներ 22–ի 1-ից 5-ը:
... means , electronic , mechanical , or otherwise , without the written permission of the publisher . A CIP catalog record for this book is available from the British Library . Library of Congress Cataloging - in - Publication Data Hussain ...
... means of exercising authority ... good gov- ernance was equated with justice and the fair dispensation of the law with good government: in this sense the “rule of law” was no empty phrase.4 The phrase was filled out , as the case ...
... mean- ing of the rule of law as the preeminent form of a modern political ratio- nality , but also as the central and distinguishing feature of English politics , morality , and civilization . As Brewer and Styles note : " It was a ...
... means a liberal in either his jurisprudence or his politics , asked the Court , in his prosecution of officials charged with an abuse of authority in Jamaica , " whether law was to be paramount within the British Empire , or whether ...
... means a government bound by fixed rules applicable to all , but its con- notative qualities are more expansive , covering everything from a sense of equality under the law to the political ideals of justice and indi- vidual dignity.16 ...
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 |