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Theorizes the project of instituting a postcolonial order following decolonization, though an account of the Indian constitution.
After Part I and II have traced the conceptual coordinates of a modern constitution, and the specific historical condition in which the Indian constitution was conceived respectively, Part III focuses on the Indian Constituent Assembly Debates to show how the framers sought to respond to the concrete challenges facing them by creatively reinterpreting the precepts of modern constitutionalism itself. The dissertation shows that the Indian Constitution has to be understood as a totality containing three related strata - that of constitutional imagination, promises, and text - which exist in tension with each other. This tension constitutes the contradiction at the heart of the Indian Constitutional form. The dissertation concludes by following one such contradiction, between the strata of imagination and text as it developed during the most important constitutional conflict of the initial years on the question of compensation for acquisition of property. It also demonstrates how that conflict fundamentally shaped the nature of Indian constitutional practice.
Fifteen contributors examine the interpretative value of ideas of revolution for explaining historical development within their own speciality. They assess the existing historiography and offer their personal views.
Marijuana Legalization: What Everyone Needs to Know(R) provides readers with a non-partisan primer covering everything from the risks and benefits of using marijuana to what is happening with marijuana laws around the world. This book serves as the price of admission for any serious discussion about marijuana legalization.
Polygamous marriages are currently recognized in nearly fifty countries worldwide. Although polygamy is technically illegal in the United States, it is practiced by members of some religious communities and a growing number of other "poly" groups. In the radically changing and increasingly multicultural world in which we live, the time has come to define polygamous marriage and address its legal feasibilities. Although Mark Goldfeder does not argue the right or wrong of plural marriage, he maintains that polygamy is the next step - after same-sex marriage - in the development of U.S. family law. Providing a road map to show how such legalization could be handled, he explores the legislative and administrative arguments which demonstrate that plural marriage is not as farfetched - or as far off - as we might think. Goldfeder argues not only that polygamy is in keeping with the legislative values and freedoms of the United States, but also that it would not be difficult to manage or administrate within our current legal system. His legal analysis is enriched throughout with examples of plural marriage in diverse cultural and historical contexts. Tackling the issue of polygamy in the United States from a legal perspective, this book will engage anyone interested in constitutional law, family law, or criminal law, along with sociologists and those who study gender and culture in modern times.
Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.