Unleashing the force of law : legal mobilization, national security, and basic freedoms / Devyani Prabhat.
2016
K3240 .P728 2016 (Map It)
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Details
Author
Title
Unleashing the force of law : legal mobilization, national security, and basic freedoms / Devyani Prabhat.
Published
London : Palgrave, 2016.
Copyright
©2016
Call Number
K3240 .P728 2016
ISBN
9781137455734
113745573X
113745573X
Description
xii, 225 pages ; 25 cm.
System Control No.
(OCoLC)946118212
Summary
"Unleashing the Force of Law uses multi-jurisdiction empirical data and draws on cause lawyering, political lawyering and Bourdieusian juridical field literature to analyze the invocation of legal norms aimed at the protection of basic freedoms in times of national security tensions. It asks three main questions about the protection of basic freedoms. First, when do lawyers mobilize for the protection of basic freedoms? Second, in what kind of mobilization do they engage? Third, how do the strategies they adopt relate to the outcomes they achieve? Covering the last five decades, the book focusses on the 1980s and the Noughties through an analysis of legal work for two groups of independence seekers in the 1980s, namely, Republican (mostly Catholic) separatists in Northern Ireland and Puerto Rican separatists in the US, and on post-9/11 issues concerning basic freedoms in both countries"--Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 196-213) and index.
Record Appears in
Gift
Purchased from the income of the Soll Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Soll Fund
Table of Contents
Acknowledgments
vi
Preface
viii
1.
Introduction
1
pt. I
Political Context of National Security and the Juridical Field
21
2.
Counterterror Measures and Challenges in Law
23
3.
Security, Exceptionalism, and the Rule of Law
40
pt. II
Nature and Extent of Legal Mobilization
59
4.
Guantanamo Bay Juridical Field
61
5.
Legal Mobilization and Motivations
77
6.
1980s Northern Irish Juridical Field
94
7.
Post-9/11 English and Northern Irish Juridical Fields
113
pt. III
Strategies and Outcomes of Legal Mobilization
129
8.
Legal Formalism and the Right to Liberty
131
9.
Process and Substance in Outcome
151
pt. IV
Conclusion
181
10.
Force of Law Unleashed?
183
References
196
Index
214