Fates of Political Liberalism in the British Post-Colony

The Politics of the Legal Complex
Erscheinungsjahr 2013
ISBN: 978-1-107-68278-8
Verlag: Cambridge University Press

Buch, Englisch, 570 Seiten, Paperback, Format (B × H): 152 mm x 229 mm, Gewicht: 815 g

What explains divergences in political liberalism among new nations that shared the same colonial heritage? This book assembles exciting original essays on former colonies of the British Empire in South Asia, Africa and Southeast Asia that gained independence after World War II. The interdisciplinary country specialists reveal how inherent contradictions within British colonial rule were resolved after independence in contrasting liberal-legal, despotic and volatile political orders. Through studies of the longue durée and particular events, this book presents a theory of political liberalism in the post-colony and develops rich hypotheses on the conditions under which the legal complex, civil society and the state shape alternative postcolonial trajectories around political freedom. This provocative volume presents new perspectives for scholars and students of postcolonialism, political development and the politics of the legal complex, as well as for policy makers and publics who struggle to construct and defend basic legal freedoms.

Autoren/Hrsg.

Feeley, Malcolm M.

Halliday, Terence C.

Karpik, Lucien

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Ideologien Liberalismus, Libertarismus
• Geisteswissenschaften Geschichtswissenschaft Geschichtliche Themen Postkoloniale Geschichte, Nationale Befreiung und Unabhängigkeit
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsgeschichte, Recht der Antike

Inhaltsverzeichnis

Part I. Liberal-Legal Orders: 1. Emasculating the executive: the federal court and civil liberties in late colonial India: 1942–4 Rohit De; 2. The legal complex in the struggle to control police brutality in India Charles R. Epp; 3. Priests in the temple of justice: the Indian legal complex and the basic structure doctrine Manoj Mate; Part II. Despotic Orders: 4. Lawyers, politics and publics: state management of lawyers and legitimacy in Singapore Jothie Rajah; 5. Lawyers and the disintegration of the legal complex in Sudan Mark Fathi Massoud; 6. The Sri Lankan legal complex and the liberal project: only thus far and no more Deepika Udagama; Part III. Volatile Orders: 7. 'Custodian of civil liberties and justice in Malaysia': the Malaysian bar and the moderate state Andrew Harding and Amanda Whiting; 8. Liberal protagonists? The lawyers' movement in Pakistan Sadaf Aziz; 9. Miscarriage of chief justice: judicial power and the legal complex in Pakistan under Musharraf Shoaib A. Ghias; 10. From judicial autonomy to regime transformation: the role of the lawyers' movement in Pakistan Daud Munir; 11. Postcolonial liberalism and the legal complex in Zambia: elegy or triumph? Jeremy Gould; 12. Legal complexes and the fight for political liberalism in new African democracies: comparative insights from Malawi, Zambia and Namibia Peter Von Doepp; 13. Judge and company: courts, constitutionalism and the legal complex Malcolm M. Feeley.

Über Autor(innen)

Feeley, Malcolm M.
Malcolm M. Feeley is the Claire Clements Dean's Professor of Jurisprudence and Social Policy Program at the University of California, Berkeley. He is the author or editor of sixteen books and more than eighty articles in social science journals and law reviews. His books include The Process Is the Punishment (1979), Court Reform on Trial (1983) and, with Edward Rubin, Judicial Policy Making and the Modern State (1998) and Federalism: Political Identity and Tragic Compromise (2008). His books have received the Silver Gavel Award, the Certificate of Merit from the American Bar Association and a book prize from the American Sociological Association.

Halliday, Terence C.
Terence C. Halliday is a Research Professor at the American Bar Foundation and the co-director of the Center on Law and Globalization at the American Bar Foundation and University of Illinois College of Law. He is the author and editor of several books on the politics of legal professions and his research has been published in the American Sociological Review, the American Journal of Sociology, the Law and Society Review, Law and Social Inquiry and the Annual Review of Sociology, among others. Halliday is the winner of distinguished book prizes from the American Sociological Association Sections on Globalization, Sociology of Law and Economic Sociology.

Karpik, Lucien
Lucien Karpik is a Professor at the École des Mines de Paris and École des Hautes Études en Sciences Sociales (CESPRA). He is the author or co-author of several books including French Lawyers (1999) and Valuing the Unique (2010). His writing has been published in numerous academic journals and conference proceedings as well as in Le Monde, Le Débat and Sciences Humaines.