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 32–ի 1-ից 5-ը:
... sovereign emergency and the constraints of a rule of law. This book examines the history of British colonialism in India from the late eighteenth to the early twentieth century, drawing out 2 THE JURISPRUDENCE oF EMERGENCY.
... sovereign decree and rule by law repre- sents a more stark and better documented example of what has been perceived by many as a central conflict in Western legal systems: the conflict between the operation of law as universal, formal ...
... sovereign power is to invoke the figure of the archaic. A theory of sov- ereignty may help us understand the prerogatives of kings or the ritu- alistic majesty of emperors and “despots,” but it seems to have no bear- ing on ...
... sovereign and those who obey him but are funda- mental and constitutive. In a significant passage in The Concept of Law, Hart attempts to show how the notion of sovereign orders virtually disappears in the rule- bound format of a modern ...
... sovereign might . Nor does he demarcate the social field from which this norm is generated and that it seeks to regulate . Is this terrain , for example , the recognizable unit of the nation - state , or is it a more politico ...
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 |