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Unleashing the Force of Law - Legal Mobilization, National Security, and Basic Freedoms (Paperback, 1st ed. 2016)
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Unleashing the Force of Law - Legal Mobilization, National Security, and Basic Freedoms (Paperback, 1st ed. 2016)
Series: Palgrave Socio-Legal Studies
Expected to ship within 10 - 15 working days
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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
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