It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College and Justice Hugo L. Black Senior Faculty Scholar at the University of Alabama School of Law. He is author or editor of more than sixty books, including When the State Kills: Capital Punishment and the American Condition; Something to Believe In: Politics, Professionalism, and Cause Lawyers (with Stuart Scheingold); The Blackwell Companion to Law and Society; and most recently The Road to Abolition?: The Future of Capital Punishment in the United States (with Charles Ogletree Jr.). Sarat is editor of the journal Law, Culture and the Humanities and of Studies in Law, Politics and Society. In 1997, he received the Harry Kalven Award given by the Law and Society Association for distinguished research on law and society. In 2004, he received the Reginald Heber Smith Award, given biennially to honor the best scholarship on the subject of equal access to justice. In 2006, the Association for the Study of Law, Culture and the Humanities awarded him the James Boyd White Prize for distinguished scholarly achievement in recognition of his 'innovative and outstanding' work in the humanistic study of law. In 2009 he received the Stan Wheeler Award from the Law and Society Association for distinguished teaching and mentoring.
Introduction: toward new conceptions of the relationship of law and sovereignty under conditions of emergency Austin Sarat; 1. The 'organic law' of 'ex parte milligan' David Dyzenhaus; 2. Comment on 'the 'organic law' of 'ex parte milligan' Tony A. Freyer; 3. Emergency, legality, sovereignty: Birmingham, 1963 Patrick O. Gudridge; 4. Order in the court Paul Horwitz; 5. The banality of emergency: on the time and space of 'political necessity' Leonard C. Feldman; 6. Emergencies, body parts and price gouging J. Shahar Dillbary; 7. The racial sovereign Sumi Cho and Gil Gott; 8. Toward a nonracial sovereign Debra Lyn Bassett; 9. Should constitutional democracies redefine emergencies and the legal regimes suitable for them? Michel Rosenfeld; 10. Comment on 'should constitutional democracies redefine emergencies and the legal regimes suitable for them?' James Leonard.