Overview

Basic freedoms cannot be abandoned in times of conflict, or can they? Are basic freedoms routinely forsaken during times when there are national security concerns? These questions present different conundrums for the legal profession, which generally values basic freedoms but is also part of the architecture of emergency legal frameworks. 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

Full Product Details

Author:   Devyani Prabhat
Publisher:   Palgrave Macmillan
Imprint:   Palgrave Macmillan
Edition:   1st ed. 2016
Weight:   0.454kg
ISBN:  

9781349928118

ISBN 10:   1349928119
Pages:   225
Publication Date:   14 February 2018
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Acknowledgements.- Preface.- 1. Introduction.- PART I: POLITICAL CONTEXT OF NATIONAL SECURITY AND THE JURIDICAL FIELD 2. Counter-terror Measures and Challenges in Law.- 3. Security, Exceptionalism, and the Rule of Law.- PART II: NATURE AND EXTENT OF LEGAL MOBILIZATION 4. The Guantánamo Bay Juridical Field.- 5. Legal Mobilization and Motivations.- 6. The 80s Northern Irish Juridical Field.- 7. The Post-9/11 English and Northern Irish Juridical Fields.- PART III: STRATEGIES AND OUTCOMES OF LEGAL MOBILIZATION 8. Legal Formalism and the Right to Liberty.- 9. Process and Substance in Outcomes.- PART IV: CONCLUSION 10. The Force of Law Unleashed?.

Reviews

This book won the Peter Birks Prize for Outstanding Legal Scholarship 2017

Author Information

Devyani Prabhat is a Lecturer in the School of Law at the University of Bristol, UK. 

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