Skip to main content
  • Book
  • © 2016

Unleashing the Force of Law

Legal Mobilization, National Security, and Basic Freedoms

Palgrave Macmillan

Authors:

  • 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)

Buy it now

Buying options

eBook USD 19.99
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 27.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 54.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access

This is a preview of subscription content, log in via an institution to check for access.

Table of contents (10 chapters)

  1. Front Matter

    Pages i-xii
  2. Introduction

    1. Introduction

      • Devyani Prabhat
      Pages 1-19
  3. The Political Context of National Security and the Juridical Field

    1. Front Matter

      Pages 21-22
    2. Counterterror Measures and Challenges in Law

      • Devyani Prabhat
      Pages 23-39
    3. Security, Exceptionalism, and the Rule of Law

      • Devyani Prabhat
      Pages 40-57
  4. The Nature and Extent of Legal Mobilization

    1. Front Matter

      Pages 59-60
    2. The Guantánamo Bay Juridical Field

      • Devyani Prabhat
      Pages 61-76
    3. Legal Mobilization and Motivations

      • Devyani Prabhat
      Pages 77-93
    4. The 1980s Northern Irish Juridical Field

      • Devyani Prabhat
      Pages 94-112
  5. The Strategies and Outcomes of Legal Mobilization

    1. Front Matter

      Pages 129-130
    2. Legal Formalism and the Right to Liberty

      • Devyani Prabhat
      Pages 131-150
    3. Process and Substance in Outcome

      • Devyani Prabhat
      Pages 151-180
  6. Conclusion

    1. Front Matter

      Pages 181-181
    2. The Force of Law Unleashed?

      • Devyani Prabhat
      Pages 183-195
  7. Back Matter

    Pages 196-225

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

Reviews

It is superb … a model piece of comparative legal sociology, addressing a really important set of questions.' Steven Lukes, New York University, USA

Authors and Affiliations

  • University of Bristol Law School, UK

    Devyani Prabhat

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

Buy it now

Buying options

eBook USD 19.99
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 27.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 54.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access