The Jurisprudence of Emergency
The Jurisprudence of Emergency

Author: Nasser Hussain

Publisher: University of Michigan Press

Published: 2019-08-02

Total Pages: 211

ISBN-13: 0472037536

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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.

The Rule of Law and Emergency in Colonial India
The Rule of Law and Emergency in Colonial India

Author: Haruki Inagaki

Publisher: Palgrave Macmillan

Published: 2022-10-10

Total Pages: 0

ISBN-13: 9783030736651

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This book takes a closer look at colonial despotism in early nineteenth-century India and argues that it resulted from Indians’ forum shopping, the legal practice which resulted in jurisdictional jockeying between an executive, the East India Company, and a judiciary, the King’s Court. Focusing on the collisions that took place in Bombay during the 1820s, the book analyses how Indians of various descriptions—peasants, revenue defaulters, government employees, merchants, chiefs, and princes—used the court to challenge the government (and vice versa) and demonstrates the mechanism through which the lawcourt hindered the government’s indirect rule, which relied on local Indian rulers in newly conquered territories. The author concludes that existing political anxiety justified the East India Company’s attempt to curtail the power of the court and strengthen their own power to intervene in emergencies through the renewal of the company’s charter in 1834. An insightful read for those researching Indian history and judicial politics, this book engages with an understudied period of British rule in India, where the royal courts emerged as sites of conflict between the East India Company and a variety of Indian powers.

The Rule of Law and Emergency in Colonial India
The Rule of Law and Emergency in Colonial India

Author: Haruki Inagaki

Publisher: Springer Nature

Published: 2021-10-09

Total Pages: 190

ISBN-13: 3030736636

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This book takes a closer look at colonial despotism in early nineteenth-century India and argues that it resulted from Indians’ forum shopping, the legal practice which resulted in jurisdictional jockeying between an executive, the East India Company, and a judiciary, the King’s Court. Focusing on the collisions that took place in Bombay during the 1820s, the book analyses how Indians of various descriptions—peasants, revenue defaulters, government employees, merchants, chiefs, and princes—used the court to challenge the government (and vice versa) and demonstrates the mechanism through which the lawcourt hindered the government’s indirect rule, which relied on local Indian rulers in newly conquered territories. The author concludes that existing political anxiety justified the East India Company’s attempt to curtail the power of the court and strengthen their own power to intervene in emergencies through the renewal of the company’s charter in 1834. An insightful read for those researching Indian history and judicial politics, this book engages with an understudied period of British rule in India, where the royal courts emerged as sites of conflict between the East India Company and a variety of Indian powers.

Emergency Powers in Asia
Emergency Powers in Asia

Author: Victor V. Ramraj

Publisher: Cambridge University Press

Published: 2010

Total Pages: 531

ISBN-13: 052176890X

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What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.

Colonial Terror
Colonial Terror

Author: Deana Heath

Publisher: Oxford University Press

Published: 2021-03-23

Total Pages: 256

ISBN-13: 0192646168

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Focusing on India between the early nineteenth century and the First World War, Colonial Terror explores the centrality of the torture of Indian bodies to the law-preserving violence of colonial rule and some of the ways in which extraordinary violence was embedded in the ordinary operation of colonial states. Although enacted largely by Indians on Indian bodies, particularly by subaltern members of the police, the book argues that torture was facilitated, systematized, and ultimately sanctioned by first the East India Company and then the Raj because it benefitted the colonial regime, since rendering the police a source of terror played a key role in the construction and maitenance of state sovereignty. Drawing upon the work of both Giorgio Agamben and Michel Foucault, Colonial Terror contends, furthermore, that it is only possible to understand the terrorizing nature of the colonial police in India by viewing colonial India as a 'regime of exception' in which two different forms of exceptionality were in operation - one wrought through the exclusion of particular groups or segments of the Indian population from the law and the other by petty sovereigns in their enactment of illegal violence in the operation of the law. It was in such fertile ground, in which colonial subjects were both included within the domain of colonial law while also being abandoned by it, that torture was able to flourish.

Emergency Chronicles
Emergency Chronicles

Author: Gyan Prakash

Publisher: Princeton University Press

Published: 2019-03-26

Total Pages: 452

ISBN-13: 0691186723

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The gripping story of an explosive turning point in the history of modern India On the night of June 25, 1975, Indira Gandhi declared a state of emergency in India, suspending constitutional rights and rounding up her political opponents in midnight raids across the country. In the twenty-one harrowing months that followed, her regime unleashed a brutal campaign of coercion and intimidation, arresting and torturing people by the tens of thousands, razing slums, and imposing compulsory sterilization on the poor. Emergency Chronicles provides the first comprehensive account of this understudied episode in India’s modern history. Gyan Prakash strips away the comfortable myth that the Emergency was an isolated event brought on solely by Gandhi’s desire to cling to power, arguing that it was as much the product of Indian democracy’s troubled relationship with popular politics. Drawing on archival records, private papers and letters, published sources, film and literary materials, and interviews with victims and perpetrators, Prakash traces the Emergency’s origins to the moment of India’s independence in 1947, revealing how the unfulfilled promise of democratic transformation upset the fine balance between state power and civil rights. He vividly depicts the unfolding of a political crisis that culminated in widespread popular unrest, which Gandhi sought to crush by paradoxically using the law to suspend lawful rights. Her failure to preserve the existing political order had lasting and unforeseen repercussions, opening the door for caste politics and Hindu nationalism. Placing the Emergency within the broader global history of democracy, this gripping book offers invaluable lessons for us today as the world once again confronts the dangers of rising authoritarianism and populist nationalism.

Entangled Legalities Beyond the State
Entangled Legalities Beyond the State

Author: Nico Krisch

Publisher: Cambridge University Press

Published: 2021-11-11

Total Pages: 521

ISBN-13: 1108843069

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Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.

Challenging The Rules(s) of Law
Challenging The Rules(s) of Law

Author: Kalpana Kannabiran

Publisher: SAGE Publications Inc

Published: 2008-11-11

Total Pages: 516

ISBN-13: 0761936653

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This collection of essays re-examines the field of criminology through an interdisciplinary lens, challenging in the process unproblematic assumptions of the rule of law and opening out avenues for a renewed and radical restatement of the contexts of criminal law in India. This collection is a significant step towards mapping the ways in which interdisciplinary research and human rights activism might inform legal praxis more effectively and holistically. The contributors are a diverse group – widely respected activists, bureaucrats, scholars, and professionals – who share concerns on criminal justice systems and the need to entrench human rights in the Indian polity.

A Genealogy of Terrorism
A Genealogy of Terrorism

Author: Joseph McQuade

Publisher: Cambridge University Press

Published: 2020-11-12

Total Pages: 293

ISBN-13: 1108842151

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Using India as a case study, Joseph McQuade traces the genealogy of the political and legal category of terrorism. He demonstrates how the modern concept of terrorism was shaped by colonial emergency laws dating back into the nineteenth and early twentieth centuries.

Define and Rule
Define and Rule

Author: Mahmood Mamdani

Publisher: Harvard University Press

Published: 2012-10-30

Total Pages: 139

ISBN-13: 0674071271

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Define and Rule focuses on the turn in late nineteenth-century colonial statecraft when Britain abandoned the attempt to eradicate difference between conqueror and conquered and introduced a new idea of governance, as the definition and management of difference. Mahmood Mamdani explores how lines were drawn between settler and native as distinct political identities, and between natives according to tribe. Out of that colonial experience issued a modern language of pluralism and difference. A mid-nineteenth-century crisis of empire attracted the attention of British intellectuals and led to a reconception of the colonial mission, and to reforms in India, British Malaya, and the Dutch East Indies. The new politics, inspired by Sir Henry Maine, established that natives were bound by geography and custom, rather than history and law, and made this the basis of administrative practice. Maine’s theories were later translated into “native administration” in the African colonies. Mamdani takes the case of Sudan to demonstrate how colonial law established tribal identity as the basis for determining access to land and political power, and follows this law’s legacy to contemporary Darfur. He considers the intellectual and political dimensions of African movements toward decolonization by focusing on two key figures: the Nigerian historian Yusuf Bala Usman, who argued for an alternative to colonial historiography, and Tanzania’s first president, Mwalimu Julius Nyerere, who realized that colonialism’s political logic was legal and administrative, not military, and could be dismantled through nonviolent reforms.