Sovereignty, emergency, legality / edited by Austin Sarat.
2010
K3344 .S68 2010 (Map It)
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Details
Title
Sovereignty, emergency, legality / edited by Austin Sarat.
Published
New York : Cambridge University Press, 2010.
Call Number
K3344 .S68 2010
ISBN
9780521112239 (hardback)
0521112230 (hardback)
0521112230 (hardback)
Description
xi, 295 pages ; 24 cm
System Control No.
(OCoLC)468232199
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"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Benjamin Cardozo Fund
Added Author
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Benjamin Cardozo Fund
Table of Contents
Introduction.
Toward New Conceptions of the Relationship of Law and Sovereignty under Conditions of Emergency / Austin Sarat
1
1.
The "Organic Law" of Ex Parte Milligan / David Dyzenhaus
16
Comment on Chapter 1: David Dyzenhaus, "The 'Organic Law' of Ex Parte Milligan" / Tony A. Freyer
58
2.
Emergency, Legality, Sovereignty: Birmingham, 1963 / Patrick O. Gudridge
72
Comment on Chapter 2: "Order" in the Court / Paul Horwitz
120
3.
The Banality of Emergency: On the Time and Space of "Political Necessity" / Leonard C. Feldman
136
Comment on Chapter 3: Emergencies, Body Parts and Price Gouging / J. Shahar Dillbary
165
4.
The Racial Sovereign / Gil Gott Sumi Cho
182
Comment on Chapter 4: Toward a Nonracial Sovereign / Debra Lyn Bassett
228
5.
Should Constitutional Democracies Redefine Emergencies and the Legal Regimes Suitable for Them? / Michel Rosenfeld
240
Comment on Chapter 5 / James Leonard
273
Index
289