Sovereignty, emergency, legality / edited by Austin Sarat.

Format:

Book

Contributor:

Sarat, Austin, editor.

Language:

English

Subjects (All):

Milligan, Lambdin P.

Sovereignty.

War and emergency legislation.

Rule of law.

Constitutional law.

Democracy.

Physical Description:

1 online resource (xi, 295 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2010.

System Details:

text file

PDF

Summary:

It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.

Contents:

Introduction : Toward new conceptions of the relationship of law and sovereignty under conditions of emergency / Austin Sarat

The "organic law'" of 'Ex Parte Milligan' / David Dyzenhaus

Comment on Chapter 1 : David Dyzenhaus, "The 'organic law' of Ex Parte Milligan" / Tony A. Freyer

Emergency, legality, sovereignty : Birmingham, 1963 / Patrick O. Gudridge

Comment on Chapter 2: "Order" in the court / Paul Horwitz

The banality of emergency : on the time and space of "political necessity" / Leonard C. Feldman

Comment on Chapter 3: Emergencies, body parts and price gouging / J. Shahar Dillbary

The racial sovereign / Sumi Cho and Gil Gott

Comment on Chapter 4: Toward a nonracial sovereign / Debra Lyn Bassett

Should constitutional democracies redefine emergencies and the legal regimes suitable for them? / Michel Rosenfeld

Comment on Chapter 5 / James Leonard.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511711886

Access Restriction:

Restricted for use by site license.