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:
... relation between this normative conception of power and the decidedly antinormative enactments of sovereign might . Nor does he demarcate the social field from which this norm is generated and that it seeks to regulate . Is this terrain ...
... relation between the sovereignty of the state and the new forms of law, or the limits to the functioning of the normative itself. One theorist who has questioned this relation in decidedly antinor- mative terms is Carl Schmitt. This is ...
... relation to the norm seems com- paratively undertheorized. Such neglect is curious indeed, given the constitutive role emergency plays alongside the rule of law in the con- ception of modern sovereignty. The notion that a situation of ...
... relation between modern law and sovereignty, and thus as a formative kernel in the overall understanding of modern power. Let us attempt to draw out this important distinction. Particularly following World War II, there was a burst of ...
... relation between norm and exception, but confines himself largely to Schmitt's examination of sanctioned autocratic power in his 1921 study, Die Diktatur.49 Let us then move ahead of Rossiter and consider the question of emergency as ...
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 |