The Jurisprudence of Emergency

Hussain, Nasser

doi:10.3998/mpub.11336144

Cited by 162 publications

(15 citation statements)

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“…Instead of understanding the state of emergency as existing outside the rule of law, Hussain argues that the relationship between the rule of law and emergency is 'as intimate as it is anxious', and that within the imperial context, emergency law is to be understood as an expression of colonial sovereignty. 34 At the level of colonial law in practice, Partha Chatterjee shows how anti-colonial violence ultimately served the same function as anti-colonial non-violence, in that both forced the state to expose its own 'legal' violence through the assertion of emergency measures that violated the ostensible principles on which colonial rule rested its authority. 35 As John Pincince argues, the very notion of 'political offences', while of central importance to British metropolitan and international law, was thus wholly excluded from the prosecution of anti-colonial revolutionary activities in India, which the imperial government instead criminalized as apolitical terrorism.…”

Section: Terrorism Security and The State Of Exceptionmentioning

confidence: 99%

A Genealogy of Terrorism

McQuade

2020

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Using India as a case study, Joseph McQuade demonstrates how the modern concept of terrorism was shaped by colonial emergency laws dating back into the nineteenth and early twentieth centuries. Beginning with the 'thugs', 'pirates', and 'fanatics' of the nineteenth century, McQuade traces the emerging and novel legal category of 'the terrorist' in early twentieth-century colonial law, ending with an examination of the first international law to target global terrorism in the 1930s. Drawing on a wide range of archival research and a detailed empirical study of evolving emergency laws in British India, he argues that the idea of terrorism emerged as a deliberate strategy by officials seeking to depoliticize the actions of anti-colonial revolutionaries, and that many of the ideas embedded in this colonial legislation continue to shape contemporary understandings of terrorism today.

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Section: Terrorism Security and The State Of Exceptionmentioning

confidence: 99%

A Genealogy of Terrorism

McQuade

2020

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“…Within Hussain's own work, emergency's value accrues more from the genealogical investigations it enables as a hermeneutic of modern power than from its location within "civil liberties during wartime discussions." 84 Analogously, I suggest 1971's analytic significance resides more in its being a locus from which to historicize the emancipatory practices and languages that underwrote a project of postcolonial sovereignty.…”

Section: A S E C O N D a R C H I V Ementioning

confidence: 99%

Event, Archive, Mediation: Sri Lanka's 1971 Insurrection and the Political Stakes of Fieldwork

Hewage

2020

Comp Stud Soc Hist

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In recent years, much scholarship has revealed how archives and archival artefacts mediate processes of knowledge extraction, production, and representation. Yet, there remains a certain assumption of the archive's transparent availability as a given location for disciplinary work. This essay asks how less visible forms of mediation organize the critical conceptualization and experience of archival inquiry. It examines these conceptual questions through a focus on the 1971 JVP (Janata Vimukti Peramuna—People's Liberation Front) insurgency, a pivotal but now neglected event in Sri Lanka's political history. I explore how an authoritative monograph on the insurrection and its archive have mediated its problematization and enabled its nationalist recuperation. I ascertain the political stakes of returning to the event by locating the supervening context for my own interest in the insurgency, a discursive archive of the disciplinary conceptualization of Sri Lankan political modernity, its characteristic preoccupations, and their effects. I suggest that the event of 1971 offers a locus from which to examine a normative narrative that this archive yields. Recounting how these stakes animated my experience of the liberal archive, the paper's final section asks how different forms of archive implicate distinctive ethical practices and subjects of reading. I pursue this question through the representation and reading of 1971 within what I term the JVP's own pedagogical “archive.” I conclude by reviving a postcolonial concern with the critical stakes of disciplinary investigation and suggest a different approach to the problem of “ethnicized” postcolonial modernities.

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“…20 Liberal-democratic nation-states, therefore, are often able to invoke the principle of the 'unity' of sovereignty to declare emergencies (decided by the sovereign) even as such forms of authoritarian sovereignty were thought to have disappeared with the advent of the democratic nation-states relying on the rule of law. 21 Simultaneously, Article 370 also enables an understanding of Kashmir as 'not an integral part of India' precisely as it emphasises the special status of Jammu and Kashmir despite Indian politicians stating that Kashmir is an integral part of India. 22 These events and histories point to India's realpolitik policy of the unity of its sovereignty in terms of territorial nationalism, which, in effect, has also generated and intensified the Kashmiri struggle for freedom.…”

Section: Sovereignty In Gendered Studies Of Kashmir: Theoretical Concmentioning

confidence: 99%