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Fates of Political Liberalism in the British Post-Colony
The Politics of the Legal Complex

$160.00 (C)

Rohit De, Charles R. Epp, Manoj Mate, Jothie Rajah, Mark Fathi Massoud, Deepika Udagama, Andrew Harding, Amanda Whiting, Sadaf Aziz, Shoaib A. Ghias, Daud Munir, Jeremy Gould, Peter Von Doepp, Malcolm M. Feeley
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  • Date Published: February 2012
  • availability: In stock
  • format: Hardback
  • isbn: 9781107012783

$ 160.00 (C)

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About the Authors
  • 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.

    • Presents a new empirically-based theory that explains why some countries protect basic legal freedoms after independence and others do not
    • Shows how new nations resolve contradictions of colonialism in three different ways - liberal-legal, despotic, volatile
    • Reveals the importance of the legal complex (lawyers, judges, and so on) for the fates of basic legal and political rights in a country
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    Product details

    • Date Published: February 2012
    • format: Hardback
    • isbn: 9781107012783
    • length: 570 pages
    • dimensions: 233 x 159 x 30 mm
    • weight: 0.9kg
    • contains: 8 b/w illus. 5 tables
    • availability: In stock
  • Table of Contents

    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.

  • Editors

    Terence C. Halliday, American Bar Association, Illinois
    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.

    Lucien Karpik, Ecole des Hautes Etudes en Sciences Sociales, Paris
    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.

    Malcolm M. Feeley, University of California, Berkeley
    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.


    Rohit De, Charles R. Epp, Manoj Mate, Jothie Rajah, Mark Fathi Massoud, Deepika Udagama, Andrew Harding, Amanda Whiting, Sadaf Aziz, Shoaib A. Ghias, Daud Munir, Jeremy Gould, Peter Von Doepp, Malcolm M. Feeley

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