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States of exception in American history

States of exception in American history (Loan 1 times)

Material type
단행본
Personal Author
Gerstle, Gary, 1954-, editor. Isaac, Joel, 1978-, editor.
Title Statement
States of exception in American history / edited by Gary Gerstle and Joel Isaac.
Publication, Distribution, etc
Chicago ;   London :   The University of Chicago Press,   c2020.  
Physical Medium
x, 364 p. : ill. ; 23 cm.
ISBN
9780226712291 (cloth) 9780226712321 (paperback) 9780226712468 (ebook)
요약
"Americans take great pride in their respect for the rule of law and our Constitution. And yet too frequently specific legal rights and procedures protected by the Constitution have been suspended on the grounds of emergency, and we have tolerated the longer exclusion of groups such as African-Americans from the full protection of our laws and the Constitution. This collection of essays by leading historians and scholars of law and American history, explores what it means for a democracy to suspend the rule of law and how Americans both justify and dispute these suspensions. Too often they are treated as isolated events, ignoring larger patterns of exclusion from the rule of law, as well as the threat they pose to democracy. In this book the authors seek to weave together these stories to show what these suspensions tell us about the limits of American democracy"--
Content Notes
Part 1: The challenge of Carl Schmitt. What Is the state of exception? / Nomi Claire Lazar -- Negotiating the rule of law : dilemmas of security and liberty revisited / Ewa Atanassow and Ira Katznelson -- Beyond the exception / David Dyzenhaus -- Part 2: The American experience with emergency powers. The American law of overruling necessity : the exceptional origins of state police power / William J. Novak -- To save the country : treason and necessity in constitutional emergencies / John Fabian Witt -- Powers of war in times of peace : emergency powers in the United States after the end of the Civil War / Gregory P. Downs -- Was there an American concept of emergency powers? John Dewey, Carl Schmitt, and the democratic politics of exception / Stephen W. Sawyer -- Charles Merriam and the search for democratic power after sovereignty / James T. Sparrow -- Constitutional dictatorship in twentieth-century American political thought / Joel Isaac -- Part 3: Broadening the exception. Frederick Douglass and constitutional emergency : an homage to the political creativity of abolitionist activism / Mariah Zeisberg -- Delegated governance as a structure of exceptions / Elisabeth S. Clemens -- Spaces of exception in American history / Gary Gerstle and Desmond King.
Bibliography, Etc. Note
Includes bibliographical references and index.
Subject Added Entry-Topical Term
War and emergency powers --United States --History. Crises --Political aspects --United States --History.
Subject Added Entry-Geographic Name
United States --Politics and government --History.
주제명(개인명)
Schmitt, Carl,   1888-1985.  
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010 ▼a 2019057903
020 ▼a 9780226712291 (cloth)
020 ▼a 9780226712321 (paperback)
020 ▼a 9780226712468 (ebook)
035 ▼a (KERIS)REF000019196359
040 ▼a ICU/DLC ▼b eng ▼e rda ▼c DLC ▼d 211009
043 ▼a n-us---
050 0 0 ▼a KF5060 ▼b .S73 2020
082 0 0 ▼a 342.73/062 ▼2 23
084 ▼a 342.73062 ▼2 DDCK
090 ▼a 342.73062 ▼b S797
245 0 0 ▼a States of exception in American history / ▼c edited by Gary Gerstle and Joel Isaac.
260 ▼a Chicago ; ▼a London : ▼b The University of Chicago Press, ▼c c2020.
300 ▼a x, 364 p. : ▼b ill. ; ▼c 23 cm.
336 ▼a text ▼b txt ▼2 rdacontent
337 ▼a unmediated ▼b n ▼2 rdamedia
338 ▼a volume ▼b nc ▼2 rdacarrier
504 ▼a Includes bibliographical references and index.
505 0 0 ▼g Part 1: ▼t The challenge of Carl Schmitt. ▼t What Is the state of exception? / ▼r Nomi Claire Lazar -- ▼t Negotiating the rule of law : dilemmas of security and liberty revisited / ▼r Ewa Atanassow and Ira Katznelson -- ▼t Beyond the exception / ▼r David Dyzenhaus -- ▼g Part 2: ▼t The American experience with emergency powers. ▼t The American law of overruling necessity : the exceptional origins of state police power / ▼r William J. Novak -- ▼t To save the country : treason and necessity in constitutional emergencies / ▼r John Fabian Witt -- ▼t Powers of war in times of peace : emergency powers in the United States after the end of the Civil War / ▼r Gregory P. Downs -- ▼t Was there an American concept of emergency powers? John Dewey, Carl Schmitt, and the democratic politics of exception / ▼r Stephen W. Sawyer -- ▼t Charles Merriam and the search for democratic power after sovereignty / ▼r James T. Sparrow -- ▼t Constitutional dictatorship in twentieth-century American political thought / ▼r Joel Isaac -- ▼g Part 3: ▼t Broadening the exception. ▼t Frederick Douglass and constitutional emergency : an homage to the political creativity of abolitionist activism / ▼r Mariah Zeisberg -- ▼t Delegated governance as a structure of exceptions / ▼r Elisabeth S. Clemens -- ▼t Spaces of exception in American history / ▼r Gary Gerstle and Desmond King.
520 ▼a "Americans take great pride in their respect for the rule of law and our Constitution. And yet too frequently specific legal rights and procedures protected by the Constitution have been suspended on the grounds of emergency, and we have tolerated the longer exclusion of groups such as African-Americans from the full protection of our laws and the Constitution. This collection of essays by leading historians and scholars of law and American history, explores what it means for a democracy to suspend the rule of law and how Americans both justify and dispute these suspensions. Too often they are treated as isolated events, ignoring larger patterns of exclusion from the rule of law, as well as the threat they pose to democracy. In this book the authors seek to weave together these stories to show what these suspensions tell us about the limits of American democracy"-- ▼c Provided by publisher.
600 1 0 ▼a Schmitt, Carl, ▼d 1888-1985.
650 0 ▼a War and emergency powers ▼z United States ▼x History.
650 0 ▼a Crises ▼x Political aspects ▼z United States ▼x History.
651 0 ▼a United States ▼x Politics and government ▼x History.
700 1 ▼a Gerstle, Gary, ▼d 1954-, ▼e editor.
700 1 ▼a Isaac, Joel, ▼d 1978-, ▼e editor.
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342.73062 S797 Accession No. 111852358 Availability In loan Due Date 2021-11-25 Make a Reservation Available for Reserve R Service M

Contents information

Table of Contents

Acknowledgments

Introduction Gary Gerstle and Joel Isaac
Part One: The Challenge of Carl Schmitt

1 What Is the State of Exception? Nomi Claire Lazar
2 Negotiating the Rule of Law: Dilemmas of Security and Liberty Revisited Ewa Atanassow and Ira Katznelson
3 Beyond the Exception David Dyzenhaus
Part Two: The American Experience with Emergency Powers

4 The American Law of Overruling Necessity: The Exceptional Origins of State Police Power William J. Novak
5 To Save the Country: Reason and Necessity in Constitutional Emergencies John Fabian Witt
6 Powers of War in Times of Peace: Emergency Powers in the United States after the End of the Civil War Gregory P. Downs
7 Was There an American Concept of Emergency Powers? John Dewey, Carl Schmitt, and the Democratic Politics of Exception Stephen W. Sawyer
8 Charles Merriam and the Search for Democratic Power After Sovereignty James T. Sparrow
9 Constitutional Dictatorship in Twentieth-Century American Political Thought Joel Isaac
Part Three: Broadening the Exception

10 Frederick Douglass and Constitutional Emergency: An Homage to the Political Creativity of Abolitionist Activism Mariah Zeisberg
11 Delegated Governance as a Structure of Exceptions Elisabeth S. Clemens
12 Spaces of Exception in American History Gary Gerstle and Desmond King
Afterword Gary Gerstle and Joel Isaac
Contributors

Index

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