Sovereignty, Emergency, Legality

by
Format: Hardcover
Pub. Date: 2010-02-26
Publisher(s): Cambridge University Press
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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.

Author Biography

Austin Sarat is William Nelson Cromwell Professor of Jurisprudence Political Science at Amherst College and Justice Hugo L. Black Senior Faculty Scholar at the University of Alabama School of Law. He is author or editor of more than seventy books, including When the State Kills: Capital Punishment and the America Condition; Something to Believe In: Politics, Professionalism, and Cause Lawyers (with Stuart Scheingold); The Blackwell Companion to Law and Society; and most recently The Road to Abolition?: The Future of Capital Punishment in the United States (with Charles Ogletree Jr.).

Table of Contents

Contributorsp. ix
Acknowledgmentsp. xi
Introduction: Toward New Conceptions of the Relationship of Law and Sovereignty under Conditions of Emergencyp. 1
The “Organic Law” of Ex Parte Milliganp. 16
David Dyzenhaus, “The 'Organic Law' of Ex Parte Milligan”p. 58
Emergency, Legality, Sovereignty: Birmingham, 1963p. 72
“Order” in the Courtp. 120
The Banality of Emergency: On the Time and Space of “Political Necessity”p. 136
Emergencies, Body Parts and Price Gougingp. 165
The Racial Sovereignp. 182
Toward a Nonracial Sovereignp. 228
Should Constitutional Democracies Redefine Emergencies and the Legal Regimes Suitable for Them?p. 240
p. 273
Indexp. 289
Table of Contents provided by Ingram. All Rights Reserved.

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