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The Jurisprudence of Emergency: Colonialism and the Rule of Law
Hardcover
Series: Law, Meaning, and Violence
General LawIndian & South Asian History
ISBN13: 9780472113286
Publisher: Univ Of Michigan Pr
Published: Aug 21 2003
Pages: 194
Weight: 1.02
Height: 0.84 Width: 6.16 Depth: 9.34
Language: English
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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