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 Rule of Law and Emergency in Colonial India written by Haruki Inagaki and published by Palgrave Macmillan. This book was released on 2022-10-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Rule of Law and Emergency in Colonial India written by Haruki Inagaki and published by Springer Nature. This book was released on 2021-10-09 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Emergency Powers in Asia written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2010 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
Download or read book Colonial Terror written by Deana Heath and published by Oxford University Press. This book was released on 2021-03-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Emergency Chronicles written by Gyan Prakash and published by Princeton University Press. This book was released on 2019-03-26 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Define and Rule written by Mahmood Mamdani and published by Harvard University Press. This book was released on 2012-10-30 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Truth Machines written by Jinee Lokaneeta and published by University of Michigan Press. This book was released on 2020-02-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of “truth serum,” Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theory of state power and legal violence, challenging the monolithic frameworks about this relationship, based on a study of both state and non-state actors. Jinee Lokaneeta argues that the attempt to replace physical torture with truth machines in India fails because it relies on a confessional paradigm that is contiguous with torture. Her work also provides insights into a police institution that is founded and refounded in its everyday interactions between state and non-state actors. Theorizing a concept of Contingent State, this book demonstrates the disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention.
Download or read book A Genealogy of Terrorism written by Joseph McQuade and published by Cambridge University Press. This book was released on 2021 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Challenging The Rules s of Law written by Kalpana Kannabiran and published by SAGE Publications Inc. This book was released on 2008-11-11 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Gentlemanly Terrorists written by Durba Ghosh and published by Cambridge University Press. This book was released on 2017-07-20 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Durba Ghosh uncovers the critical place of revolutionary terrorism in the colonial and postcolonial history of modern India.
Download or read book A People s Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Download or read book States of Emergency written by Stephen Morton and published by Liverpool University Press. This book was released on 2013-01-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: States of Emergency examines how violent anticolonial struggles and the legal, military, and political techniques employed by colonial governments to contain them have been imagined in both literary and legal narratives. Through a series of case studies, Stephen Morton considers how colonial states of emergency have been defined and represented in the contexts of Ireland, India, South Africa, Algeria, Kenya, and Israel- Palestine, concluding with a compelling assessment of the continuities between colonial states of emergency and the war on terror in Iraq, Afghanistan, and Pakistan.
Download or read book Governing Gender and Sexuality in Colonial India written by Jessica Hinchy and published by Cambridge University Press. This book was released on 2019-04-04 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the colonial and postcolonial governance of gender and sexuality through the history of transgender Hijras in north India.
Download or read book Colonial Institutions and Civil War written by Shivaji Mukherjee and published by Cambridge University Press. This book was released on 2021-06-03 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows how colonial indirect rule and land tenure institutions create state weakness, ethnic inequality and insurgency in India, and around the world.
Download or read book Agamben and Colonialism written by Marcelo Svirsky and published by Edinburgh University Press. This book was released on 2012-05-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays evaluates Agamben's work from a postcolonial perspective. Svirsky and Bignall assemble leading figures to explore the rich philosophical linkages and the political concerns shared by Agamben and postcolonial theory.
Download or read book States of Emergency and the Law written by M. Ehteshamul Bari and published by Taylor & Francis. This book was released on 2017-07-06 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion
