The Puzzle of Martial Law
Bibliographic Data
| ID | 23239202 |
|---|---|
| Authors | David Dyzenhaus (0000-0002-6976-0716, corresponding author) |
| Year | 2009 |
| Volume | 59 |
| Issue | 1 |
| Pages | 1-64 |
| Publication date | 2009-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | University of Toronto Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 0042-0220 • E-ISSN: 1710-1174 |
| Publisher | Project MUSE (PUBLISHER • US) |
| DOI | 10.1353/tlj.0.0016 |
| OpenAlex | W1998006502 |
| Language | EN |
| Citations received | 8 |
| References cited | 13 |
Martial law is thought to be not a complete absence of law, nor a special kind of lawa scheme of legal regulation -but, rather, an absence of law prescribed by law under the concept of necessity -a legal black hole, but one created, perhaps even in some sense bounded, by law.A.V. Dicey claimed that martial law in this sense is 'unknown to the law of England,' which is 'unmistakable proof of the permanent supremacy of the law under our constitution.'This article explores Dicey's claim against the backdrop of the legal events that followed Governor Edward John Eyre's proclamation of martial law in reaction to the Jamaica uprising of 1865 and his ruthless suppression of the uprising.It might seem that these events, as well as later experience, show that Dicey was na vely wrong.But the article argues that a proper understanding of the jurisprudential issues and of that experience support his view.
Comparative law · Martial law · Political science · Politics · Proclamation · American Constitutional Law and Politics · Law · Law in Society and Culture · Political Theology and Sovereignty
Emergency, Liberalism, and the State
Fracturing the “Exception”
Administrative Discretion and the Spirit of Legality
The Clanking of Medieval Chains
Realms so barbarous and cruell’
English Societal Laws as the Origins of the Comprehensive Slave Laws of the British West Indies
Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World
Principled pragmatism and the logic of consequences
The English utilitarians and India.
The Province of Legislation Determined
Essays in Jurisprudence and Philosophy
Law in Times of Crisis
The Constitution of Law
The Dignity of Legislation
The morality of law
Before the Next Attack
Between Human Rights and the Rule of Law
Ireland and The British Empire, 1937
A Turn to Empire
No Bond but the Law
| Unique citing works | 8 |
|---|---|
| Citations per year | 0,47 |
| Citation span | 2009 - 2021 (13) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |