Legal governance of disaster brings both care and punishment to the
upending of daily life of place-based disasters. National states
use disasters to reorganize how they govern. This collection
considers how law is implicated in disaster. The late modern
expectation that states are to care for their population makes it
particularly important to point out the limits to care - limits
that appear less in the grand rhetoric than in the government
reports, case-level decisionmaking, administrative rules, and
criminalization that make up governing. The authors argue that
government documents explaining disaster put the responsibility to
adapt to rapidly changing circumstances on people - often on
individuals - not on the government. Law is a causal force in what
are commonly called natural disasters. When courts consider
causation and property rights, often separated across cases and
over time, they often defer to the importance of economic activity.
Police forces charged with protection rapidly turn on those they
are to protect, thinking that people need protection from the
victims of disaster. These insightful essays feature leading
scholars whose perspectives range across disasters around the
world. Their findings point to reconsidering what states do in
disaster, and how law enables and constrains action.
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