Download or read book The State of Martial Rule written by Ayesha Jalal and published by Cambridge University Press. This book was released on 2007-12-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the British dismantled their Raj in 1947 India, as the 'successor' state, inherited the colonial unitary central apparatus whereas Pakistan, as the 'seceding' state, had no semblance of a central government. In The State of Martial Rule Ayesha Jalal analyses the dialectic between state construction and political processes in Pakistan in the first decade of the country's independence and convincingly demonstrates how the imperatives of the international system in the 'cold war' era combined with regional and domestic factors to mould the structure of the Pakistani state. The study concludes by placing the state and political developments in Pakistan since 1958 within a conceptual framework. It will be read by historians of South Asia and by students and specialists of comparative politics and political economy.
Download or read book Bayonets in Paradise written by Harry N. Scheiber and published by University of Hawaii Press. This book was released on 2016-02-29 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected as a 2017 CHOICE Outstanding Academic Title Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians—citizens and alien residents alike—to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of "selective," albeit preventive, detention. Army rule in Hawaii lasted until late 1944—making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and "military necessity" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary "justice" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime—and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.
Download or read book Andrew Jackson and the Politics of Martial Law written by Matthew Warshauer and published by Univ Tennessee Press. This book was released on 2006 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to win the famous battle of New Orleans, Andrew Jackson believed that it was necessary to declare martial law and suspend the writ of habeas corpus. In doing so, he achieved both a great victory and the notoriety of being the first American general to ever suspend civil liberties in America. Andrew Jackson and the Politics of Martial Law tells the history of Jackson's use of martial law and how the controversy surrounding it followed him throughout his life. The work engages the age-old controversy over if, when, and who should be able to subvert the Constitution during times of national emergency. It also engages the continuing historical controversy over Jackson's political prowess and the importance of the rise of party politics during the early republic. As such, the book contributes to both the scholarship on Jackson and the legal and constitutional history of the intersection between the military and civilian spheres. To fully understand the history of martial law and the subsequent evolution of a theory of emergency powers, Matthew Warshauer asserts, one must also understand the political history surrounding the discussion of civil liberties and how Jackson's stature as a political figure and his expertise as a politician influenced such debates. Warshauer further explains that Abraham Lincoln cited Jackson's use of the military and suspension of civil liberties as justification for similar decisionsduring the Civil War. During both Jackson's and Lincoln's use of martial law, critics declared that such an action stood in opposition to both the Constitution and the nation's cherished republican principles of protecting liberty from dangerous power, especially that of the military. Supporters of martial law insisted that saving the nation became the preeminent cause when the republic was endangered. Atthe heart of such arguments lurked the partisan maneuvering of opposing political parties. Andrew Jackson and the Politics of Martial Law is a powerful examination of the history of martial law, its first use in the United States, and the consequent development of emergency powers for both military commanders and presidents.
Download or read book The Jurisprudence of Emergency written by Nasser Hussain and published by University of Michigan Press. This book was released on 2019-08-02 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Struggle for Pakistan written by Ayesha Jalal and published by Harvard University Press. This book was released on 2014-09-16 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established as a homeland for India’s Muslims in 1947, Pakistan has had a tumultuous history. Beset by assassinations, coups, ethnic strife, and the breakaway of Bangladesh in 1971, the country has found itself too often contending with religious extremism and military authoritarianism. Now, in a probing biography of her native land amid the throes of global change, Ayesha Jalal provides an insider’s assessment of how this nuclear-armed Muslim nation evolved as it did and explains why its dilemmas weigh so heavily on prospects for peace in the region. “[An] important book...Ayesha Jalal has been one of the first and most reliable [Pakistani] political historians [on Pakistan]...The Struggle for Pakistan [is] her most accessible work to date...She is especially telling when she points to the lack of serious academic or political debate in Pakistan about the role of the military.” —Ahmed Rashid, New York Review of Books “[Jalal] shows that Pakistan never went off the rails; it was, moreover, never a democracy in any meaningful sense. For its entire history, a military caste and its supporters in the ruling class have formed an ‘establishment’ that defined their narrow interests as the nation’s.” —Isaac Chotiner, Wall Street Journal
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Military Government and Martial Law written by William Edward Birkhimer and published by . This book was released on 1904 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Martial Law and English Laws c 1500 c 1700 written by John M. Collins and published by Cambridge University Press. This book was released on 2020-03-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: John M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King's laws. Further, it was a vital component of both England's domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.
Download or read book The Law of Martial Rule written by Charles Fairman and published by . This book was released on 1943 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Class Military Rule written by Ali Riaz and published by . This book was released on 1994 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Formation in China and Taiwan written by Julia C. Strauss and published by Cambridge University Press. This book was released on 2019-11-07 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: An ambitious comparative study of regime consolidation in the 'revolutionary' People's Republic of China and 'conservative' Taiwan in the early 1950s.
Download or read book From Solidarity to Martial Law written by Andrzej Paczkowski and published by Central European University Press. This book was released on 2007-01-01 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents 95 documents on the months between Au. 1980 when Solidarity was founded and Dec. 1981 when Polish authorities declared martial law and crushed the opposition movement.
Download or read book Martial Law in India Pakistan and Ceylon written by Joseph Minattur and published by Springer. This book was released on 2012-12-06 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: (i) What is Martial Law? It is difficult to define martial law, especially because of "the haze of uncertainty which envelops it. " 1 The expression is used to denote a variety of forms of government or law, such as military law governing soldiers in the service of the State, military govern ment in occupied areas, any kind of arbitrary government in which the military arm plays a dominant role, and the emergency ad ministration "which obtains in a domestic community when the military authority carries on the government, or at least some of its functions. " 2 It is in the sense indicated last that martial law is discussed in the following pages. In this sense, it is "the extension of military government to domestic areas and civil persons in case of invasion or rebellion. . . it is a suspension of normal civil government in order to restore it and has civilians for its subjects and civil areas for its loci of operation. " 3 Thus martial law has to be clearly distinguished from military law and military government, though 4 all these have common roots in history and logic. The term 'martial law' was originally applied to the law ad ministered by the court of the Marshal and the Constable of England. There are two theories about the source of the word 'martial' in the expression. One theory is that the term 'martial 1 C. Fairman, The Law of Martial Rule, page 19. 2 idem, page 30.
Download or read book Manual for Courts martial United States 1951 written by United States. Department of Defense and published by . This book was released on 1951 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This pamphlet contains a short history of the preparation of the Manual ... together with brief discussions of the legal and legislative considerations involved in the drafting of the book."--Pref.
Download or read book Military State and Society in Pakistan written by H. Rizvi and published by Springer. This book was released on 2000-05-15 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive study of the dynamics of civil-military relations in Pakistan. It asks how and why the Pakistan military has acquired such a salience in the polity and how it continues to influence decision-making on foreign and security policies and key domestic political, social and economic issues. It also examines the changes within the military, the impact of these changes on its disposition towards the state and society, and the implications for peace and security in nuclearized South Asia.
Download or read book State of Exception written by Giorgio Agamben and published by University of Chicago Press. This book was released on 2008-07-18 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
Download or read book Impact of Martial Law on Pakistani Society written by Mohammad Akmal Makhdum and published by Primedia E-launch LLC. This book was released on 2016-04-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Ijaz Hussain Baralvi was a famous lawyer and author. He practiced law in Lahore and was well known in literary and political circles. He wrote an essay which was also delivered as an address to a conference in 1974. This Urdu essay is translated into English by Mohammad Akmal Makhdum. Pakistan has suffered imposition of martial laws repeatedly since its birth as a nation. First martial law was declared in 1958 that lasted 10 years. Subsequent martial laws saw political and democratic institutions destroyed, elected leaders murdered and civil liberties trampled upon. Rule of law and freedoms of assembly and expression were suppressed and courts of law oppressed. Political corruption increased and state civil services were corrupted. Social and collective mental impact are discussed in some detail with a wider view of history.
