front cover of Japan's Holy War
Japan's Holy War
The Ideology of Radical Shinto Ultranationalism
Walter A. Skya
Duke University Press, 2009
Japan’s Holy War reveals how a radical religious ideology drove the Japanese to imperial expansion and global war. Bringing to light a wealth of new information, Walter A. Skya demonstrates that whatever other motives the Japanese had for waging war in Asia and the Pacific, for many the war was the fulfillment of a religious mandate. In the early twentieth century, a fervent nationalism developed within State Shintō. This ultranationalism gained widespread military and public support and led to rampant terrorism; between 1921 and 1936 three serving and two former prime ministers were assassinated. Shintō ultranationalist societies fomented a discourse calling for the abolition of parliamentary government and unlimited Japanese expansion.

Skya documents a transformation in the ideology of State Shintō in the late nineteenth century and the early twentieth. He shows that within the religion, support for the German-inspired theory of constitutional monarchy that had underpinned the Meiji Constitution gave way to a theory of absolute monarchy advocated by the constitutional scholar Hozumi Yatsuka in the late 1890s. That, in turn, was superseded by a totalitarian ideology centered on the emperor: an ideology advanced by the political theorists Uesugi Shinkichi and Kakehi Katsuhiko in the 1910s and 1920s. Examining the connections between various forms of Shintō nationalism and the state, Skya demonstrates that where the Meiji oligarchs had constructed a quasi-religious, quasi-secular state, Hozumi Yatsuka desired a traditional theocratic state. Uesugi Shinkichi and Kakehi Katsuhiko went further, encouraging radical, militant forms of extreme religious nationalism. Skya suggests that the creeping democracy and secularization of Japan’s political order in the early twentieth century were the principal causes of the terrorism of the 1930s, which ultimately led to a holy war against Western civilization.

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front cover of The Jurisprudence of Emergency
The Jurisprudence of Emergency
Colonialism and the Rule of Law
Nasser Hussain
University of Michigan Press, 2019

The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality.

The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
 

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front cover of The Jurisprudence of Emergency
The Jurisprudence of Emergency
Colonialism and the Rule of Law
Nasser Hussain
University of Michigan Press, 2003

Ever-more-frequent calls for the establishment of a rule of law in the developing world have been oddly paralleled by the increasing use of "exceptional" measures to deal with political crises. To untangle this apparent contradiction, The Jurisprudence of Emergency analyzes the historical uses of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. Nasser Hussain focuses on the relationship between "emergency" and the law to develop a subtle new theory of those moments in which the normative rule of law is suspended.

The Jurisprudence of Emergency examines British colonial rule in India from the late eighteenth to the early twentieth century in order to trace tensions between the ideology of liberty and government by law, which was used to justify the British presence, and the colonizing power's concurrent insistence on a regime of conquest. Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality.

The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation and delineation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.

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