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Overview
- Winner of the Peter Birks Prize for Outstanding Legal Scholarship 2017
- Will appeal to a wide global readership due to its interdisciplinary and comparative approach
- Contributes to the important debate about what constitutes the 'rule of law'
- A timely addition to the growing literature on the sociology of the legal profession
Part of the book series: Palgrave Socio-Legal Studies (PSLS)
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About this book
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
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Keywords
Table of contents (10 chapters)
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Introduction
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The Political Context of National Security and the Juridical Field
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The Nature and Extent of Legal Mobilization
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The Strategies and Outcomes of Legal Mobilization
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Conclusion
Reviews
Authors and Affiliations
About the author
Devyani Prabhat is a Lecturer in the School of Law at the University of Bristol, UK.
Bibliographic Information
Book Title: Unleashing the Force of Law
Book Subtitle: Legal Mobilization, National Security, and Basic Freedoms
Authors: Devyani Prabhat
Series Title: Palgrave Socio-Legal Studies
DOI: https://doi.org/10.1007/978-1-137-45574-1
Publisher: Palgrave Macmillan London
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2016
Hardcover ISBN: 978-1-137-45573-4Published: 18 March 2016
Softcover ISBN: 978-1-349-92811-8Published: 14 February 2018
eBook ISBN: 978-1-137-45574-1Published: 18 March 2016
Series ISSN: 2947-9274
Series E-ISSN: 2947-9282
Edition Number: 1
Number of Pages: XII, 225
Topics: International Humanitarian Law, Law of Armed Conflict