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3 books match the query 'Rule Law'

cover of Noble Purposes: Nine Champions of the Rule of Law

Noble Purposes

Nine Champions of the Rule of Law

Norman Gross

Ohio University Press, 2007

Throughout the history of the United States, the acts of a few have proved to be turning points in the way our legal system has treated the least of us. The nine individuals whose deeds are recounted here have compelling stories, and though they remain unknown to the general public, their commitment to the rule of law has had a lasting impact on our nation. Noble Purposes brings their stories to life. It describes the contributions of such individuals as James Alexander, the guiding and central force in the colonial-era trial of John Peter Zenger, which sowed the seeds for the American Revolution and the constitutional guarantee of a free press. In the 1870s, Hugh Lennox Bond stared down threats as judge in the trials of the South Carolina Ku Klux Klan, while Clara Shortridge Foltz overcame tremendous resistance during her fifty-year law practice, which included advocacy of public defender offices. Early last century, Louis Marshall paved the way for the rights of minorities in America and abroad, while Francis Biddle, FDR’s attorney general, sought to maintain civil liberties during World War II, arguing against the internment of Japanese Americans and later serving as the American judge in the Nuremberg trials. Edited by legal scholar Norman Gross and written by leading legal historians from around the country, the profiles presented in Noble Purposes tell the stories of these and other individuals who stood firmly in support of the rule of law, often against great odds.
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cover of The Jurisprudence of Emergency: Colonialism and the Rule of Law

The Jurisprudence of Emergency

Colonialism and the Rule of Law

Nasser Hussain

University of Michigan Press, 2003

Ever-more-frequent calls for the establishment of a rule of law in the developing world have been oddly paralleled by the increasing use of "exceptional" measures to deal with political crises. To untangle this apparent contradiction, 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 Jurisprudence of Emergency examines British colonial rule in India from the late 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. 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 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.

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cover of The Jurisprudence of Emergency: Colonialism and the Rule of Law

The Jurisprudence of Emergency

Colonialism and the Rule of Law

Nasser Hussain

University of Michigan Press, 2019

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.
 

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