The jurisprudence of emergency : colonialism and the rule of law / Nasser Hussain.

Format:

Book

Author/Creator:

Hussain, Nasser, 1965- author.

Contributor:

Michigan Publishing (University of Michigan), publisher.

Series:

Law, meaning, and violence

Language:

English

Subjects (All):

War and emergency legislation.

Sovereignty.

Rule of law.

Colonies--Law and legislation.

Colonies.

Law--India--History.

Law.

India.

History.

India--History--British occupation, 1765-1947.

Genre:

Electronic books.

Physical Description:

1 online resource (xvi, 194 pages).

Place of Publication:

Ann Arbor, Michigan : University of Michigan Press, 2019.

System Details:

text file

Summary:

The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser 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 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.

Contents:

Chapter 1 Introduction: The Historical and Theoretical Background p. 1

Chapter 2 The Colonial Concept of Law p. 35

Chapter 3 The "Writ of Liberty" in a Regime of Conquest: Habeas Corpus and the Colonial Judiciary p. 69

Chapter 4 Martial Law and Massacre: Violence and the Limit p. 99.

Notes:

Includes bibliographical references (pages 175-184) and index.

Description based on information from the publisher.

ISBN:

9780472126026

0472126024

Access Restriction:

Restricted for use by site license.