The jurisprudence of emergency : colonialism and the rule of law / Nasser Hussain.
By: Hussain, Nasser.Material type: BookSeries: Law, meaning, and violence: Publisher: Ann Arbor : University of Michigan Press, c2003Description: 194 p. ; 24 cm.ISBN: 0472113283 (cloth : acidfree paper); 9780472113286 (cloth : acidfree paper).Subject(s): War and emergency legislation | Sovereignty | Rule of law | Colonies -- Law and legislation | Kolonialisme | Rechtsstelsels | Staatsnoodrecht | Mesures d'exception | Souveraineté | Règle de droit | Colonies -- DroitDDC classification: 340.11 Online resources: Publisher description | Table of contents
Includes bibliographical references (p. 175-184) and index.
Ch. 1. Introduction: The Historical and Theoretical Background -- Ch. 2. The Colonial Concept of Law -- Ch. 3. The "Writ of Liberty" in a Regime of Conquest: Habeas Corpus and the Colonial Judiciary -- Ch. 4. Martial Law and Massacre: Violence and the Limit -- Conclusion: A Postcolonial Postscript -- App. A. The Administrative Structure of Justice in British India -- App. B. The History of Nineteenth-Century Legal Codifications in British India.
"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 book examines British colonial rule in India from the 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." "The insights developed in The Jurisprudence of Emergency reevalute 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."--BOOK JACKET.