Law, Disorder and the Colonial State

Author: J. Saha

Publisher: Springer

ISBN: 1137306998

Category: History

Page: 166

View: 8139

In this original study British rule in Burma is examined through quotidian acts of corruption. Saha outlines a novel way to study the colonial state as it was experienced in everyday life, revealing a complex world of state practices where legality and illegality were inseparable: the informal world upon which formal colonial power rested.

Stanley Fish on Philosophy, Politics and Law

Author: Michael Robertson

Publisher: Cambridge University Press

ISBN: 131606204X

Category: Law

Page: N.A

View: 1420

Fish's writings on philosophy, politics and law comprise numerous books and articles produced over many decades. This book connects those dots in order to reveal the overall structure of his argument and to demonstrate how his work in politics and law flows logically from his philosophical stands on the nature of the self, epistemology and the role of theory. Michael Robertson considers Fish's political critiques of liberalism, critical theory, postmodernism and pragmatism before turning to his observations on political substance and political practice. The detailed analysis of Fish's jurisprudence explores his relationships to legal positivism, legal formalism, legal realism and critical legal studies, as well as his debate with Ronald Dworkin. Gaps and inconsistencies in Fish's arguments are fully explored, and the author provides a description of Fish's own positive account of law and deals with the charge that Fish is an indeterminacy theorist who undermines the rule of law.

The Racialisation of Disorder in Twentieth Century Britain

Author: Michael Rowe, Dr

Publisher: Taylor & Francis

ISBN: 1351883283


Page: N.A

View: 2517

This book develops the concept of racialisation. It argues that a full understanding of racialized discourse must pay attention to both the particular local circumstances in which they appear, and well-established themes which have unfolded over time. An important aspect of the study is the examination of other discourses with which racialized ideas have co-joined, reflecting the way in which notions of 'race' are socially constructed. The final part of the book returns to debates of the 1980's and argues that the racialisation of unrest in that decade was closely intertwined with conservative perspectives which sought to deny socio-economic causes in favour of explanations based upon the supposed cultural or personal proclivities of those involved.

`Discovery' in Legal Decision-Making

Author: B. Anderson

Publisher: Springer Science & Business Media

ISBN: 9780792339816

Category: Law

Page: 171

View: 5011

This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.

Subverting Empire

Author: Will Jackson,Emily Manktelow

Publisher: Springer

ISBN: 1137465875

Category: History

Page: 269

View: 3439

Across their empire, the British spoke ceaselessly of deviants of undesirables, ne'er do wells, petit-tyrants and rogues. With obvious literary appeal, these soon became stock figures. This is the first study to take deviance seriously, bringing together histories that reveal the complexity of a phenomenon that remains only dimly understood.

The Rule of Nobody: Saving America from Dead Laws and Broken Government

Author: Philip K. Howard

Publisher: W. W. Norton & Company

ISBN: 0393242110

Category: Law

Page: 224

View: 877

The secret to good government is a question no one in Washington is asking: “What’s the right thing to do?” What’s wrong in Washington is deeper than you think. Yes, there’s gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It’s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship. Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, “What’s the right thing to do here?” Instead, they wonder, “What does the rule book say?” There’s a fatal flaw in America’s governing system—trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people—by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities. America needs to radically simplify its operating system and give people—officials and citizens alike—the freedom to be practical. Rules can’t accomplish our goals. Only humans can get things done. In The Rule of Nobody Philip K. Howard argues for a return to the framers’ vision of public law—setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.

Resisting the Rule of Law in Nineteenth-Century Ceylon

Author: James S. Duncan

Publisher: Routledge

ISBN: 1000089827

Category: Science

Page: 264

View: 8510

This book offers in-depth insights on the struggles implementing the rule of law in nineteenth century Ceylon, introduced into the colonies by the British as their “greatest gift.” The book argues that resistance can be understood as a form of negotiation to lessen oppressive colonial conditions, and that the cumulative impact caused continual adjustments to the criminal justice system, weighing it down and distorting it. The tactical use of rule of law is explored within the three bureaucracies: the police, the courts and the prisons. Policing was often “governed at a distance” due to fiscal constraints and economic priorities and the enforcement of law was often delegated to underpaid Ceylonese. Spaces of resistance opened up as Ceylon was largely left to manage its own affairs. Villagers, minor officials, as well as senior British government officials, alternately used or subverted the rule of law to achieve their own goals. In the courts, the imported system lacked political legitimacy and consequently the Ceylonese undermined it by embracing it with false cases and information, in the interests of achieving justice as they saw it. In the prisons, administrators developed numerous biopolitical techniques and medical experiments in order to punish prisoners’ bodies to their absolute lawful limit. This limit was one which prison officials, prisoners, and doctors negotiated continuously over the decades. The book argues that the struggles around rule of law can best be understood not in terms of a dualism of bureaucrats versus the public, but rather as a set of shifting alliances across permeable bureaucratic boundaries. It offers innovative perspectives, comparing the Ceylonese experiences to those of Britain and India, and where appropriate to other European colonies. This book will appeal to those interested in law, history, postcolonial studies, cultural studies, cultural and political geography.

Cosmological Koans

Author: Anthony Aguirre

Publisher: Penguin UK

ISBN: 0241422221

Category: Science

Page: 400

View: 1793

'A gem of a book' Carlo Rovelli, author of Seven Brief Lessons on Physics 'A unique and beautifully written masterpiece' Max Tegmark, author of Life 3.0 Could there be a civilization on a mote of dust? How much of your fate have you made? Who cleans the universe? Through more than fifty Koans - pleasingly paradoxical vignettes following the ancient Zen tradition - leading physicist Anthony Aguirre takes us across the world from Japan to Italy, and through ideas spanning the age, breadth and depth of the Universe. Using these beguiling stories and a flair for explaining complex science, he covers cosmic questions that giants from Aristotle to Galileo to Heisenberg have grappled with - from the nature of time to the origin of multiple universes to the meaning of quantum theory. Playful and enlightening, Cosmological Koans invites the reader into an intellectual adventure of the highest order, giving us what Einstein called 'the most beautiful and deepest experience' anyone can have - a sense of the mysterious.

The Rule of Law and Emergency in Colonial India

Author: Haruki Inagaki

Publisher: Springer Nature

ISBN: 3030736636

Category: History

Page: 182

View: 3579

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.

International Law Reports

Author: Elihu Lauterpacht,H. Lauterpacht

Publisher: Cambridge University Press

ISBN: 9780521463553

Category: Law

Page: 688

View: 2933

International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.