Palgrave Socio-Legal Studies

Unleashing the Force of Law

Legal Mobilization, National Security, and Basic Freedoms

Authors: Prabhat, Devyani

  • 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
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eBook $99.99
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  • ISBN 978-1-137-45574-1
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Hardcover $115.00
price for USA
  • ISBN 978-1-137-45573-4
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Softcover $29.99
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  • ISBN 978-1-349-92811-8
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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

About the authors

Devyani Prabhat is a Lecturer in the School of Law at the University of Bristol, UK. 

Reviews

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

Table of contents (10 chapters)

  • Introduction

    Prabhat, Devyani

    Pages 1-19

  • Counterterror Measures and Challenges in Law

    Prabhat, Devyani

    Pages 23-39

  • Security, Exceptionalism, and the Rule of Law

    Prabhat, Devyani

    Pages 40-57

  • The Guantánamo Bay Juridical Field

    Prabhat, Devyani

    Pages 61-76

  • Legal Mobilization and Motivations

    Prabhat, Devyani

    Pages 77-93

Buy this book

eBook $99.99
price for USA (gross)
  • ISBN 978-1-137-45574-1
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $115.00
price for USA
  • ISBN 978-1-137-45573-4
  • Free shipping for individuals worldwide
  • Online orders shipping within 2-3 days.
Softcover $29.99
price for USA
  • ISBN 978-1-349-92811-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Unleashing the Force of Law
Book Subtitle
Legal Mobilization, National Security, and Basic Freedoms
Authors
Series Title
Palgrave Socio-Legal Studies
Copyright
2016
Publisher
Palgrave Macmillan UK
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-1-137-45574-1
DOI
10.1007/978-1-137-45574-1
Hardcover ISBN
978-1-137-45573-4
Softcover ISBN
978-1-349-92811-8
Edition Number
1
Number of Pages
XII, 225
Topics