Showing papers in "Law, Culture and the Humanities in 2021"
TL;DR: In this paper, the authors draw on Nasser Hussain's conceptualizations on rule of law, violence, and exception to read the Inquiry Commission Report on the torture and murder of Thangjam Manorama in 2004.
Abstract: In this article, I draw on Nasser Hussain’s conceptualizations on rule of law, violence, and exception to read the Inquiry Commission Report on the torture and murder of Thangjam Manorama in 2004. While clearly the Commission strongly condemns the torture and murder of Manorama, it continues to represent one of the most serious tensions that exist in the context of the rule of law and emergency that Hussain mentions in British colonial times. The Commission report attempts to resolve the tension between political exigencies and rule of law by restricting itself to being a procedural effort to deal with what is essentially a political and national security regime that ends up being curiously reminiscent of colonial reports. In other words, rather than recognizing the role of extraordinary laws such as AFSPA (Armed Forces Special Powers Act) in creating such situations, the report primarily recognizes procedural violations as responsible for the violence against Manorama. The report then ends up being a pat...
6 citations
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TL;DR: The authors used Trantor's critique of the law and technology enterprise as a point of departure from departur...Situated at the intersection of the cultural study of pharmaceuticals and the legal study of law, the work of The authors
Abstract: Situated at the intersection of the cultural study of pharmaceuticals and the cultural study of law and using Trantor’s (2011) critique of ‘the law and technology enterprise’ as a point of departur...
4 citations
TL;DR: In this paper, the authors situate Chapter 3 of Nasser Hussain's The Jurisprudence of Emergency within a broader reassessment in recent years of the history of habeas corpus in England during the seventeenth, eighteenth, and nineteenth centuries.
Abstract: This article situates Chapter 3 of Nasser Hussain’s The Jurisprudence of Emergency within the broader reassessment in recent years of the history of habeas corpus in England during the seventeenth, eighteenth, and nineteenth centuries. As it demonstrates, not only was Hussain ahead of his time in highlighting the means by which habeas became a tool not for the promotion of individual rights, but for the accumulation of judicial power and the concomitant normalization of emergencies; one can also see clear reflections of his analysis in the jurisprudence of U.S. courts arising out of the detention of non-citizens at Guantanamo.
2 citations
TL;DR: In this article, the spatial dimensions of the law and their relationships with desire and power are investigated and strategies of how space is conceived of and controlled in this white supremacist mindset and how categories of bodies that move through areas to form relationships are controlled.
Abstract: In this article, I investigate the spatial dimensions of the law and their relationships with desire and power. Annihilation, in my view, presents conceptions of white spaces of Law/Power/Desire that are threatened by interracial relationships associated with nightmare spaces of difference. I examine strategies of how space is conceived of and controlled in this white supremacist mindset and how categories of bodies that move through areas to form relationships are controlled. In particular, I expose how the segregation philosophy of the film relies on the control of white women and the prohibition of their connection with black men.
1 citations
TL;DR: A close reading of Nasser Hussain's 1989 essay on Salman Rushdie's 1983 novel Shame in order to propose some thoughts on the basic problematic guiding Hussain's inquiries into post-colonial law is given in this article.
Abstract: This article offers a close reading of Nasser Hussain’s 1989 essay on Salman Rushdie’s 1983 novel Shame in order to propose some thoughts on the basic problematic guiding Hussain’s inquiries into post-colonial law.
TL;DR: In this article, the author traces certain concerns of natural justice in the thought of Nasser Hussain through the lens of several of Hussain's writings, including the 1966 privacy case, Griswold v. Connecticut, as a paradigm of certain natural law concerns which become important in Hussain's work on Universal Islamic Declaration of Human Rights.
Abstract: This article traces certain concerns of natural justice in the thought of Nasser Hussain through the lens of several of Hussain’s writings. The article’s first section examines the 1966 privacy case, Griswold v. Connecticut, as a paradigm of certain natural law concerns which become important in Hussain’s work on the Universal Islamic Declaration of Human Rights. The second section examines a chapter of Hussain’s book The Jurisprudence of Emergency, on nineteenth-century Indian and British legal history, in the context of relevant strands of thought from previous eras, chiefly Montesquieu and Thomas Hobbes; the analysis asserts that the primitive or “natural” portrayals of colonial populations constructed by European legal-political ideologies inflect natural-law thinking in a way which sheds light on the concerns of the article’s first section. The third section moves to Hussain’s concern with recent American use of unmanned aerial vehicles (drones) in the Middle East, tracing their history through the p...