Translating public order: Colonial, transnational and international genealogies
ترجمه نظم عمومی: شجره نامه استعماری ، فراملی و بین المللی-2019
Post-colonial legal geographies intersect productively with an emergent global War on Terror discourse, by embedding local cases within a powerful and growing narrative of international concern for security, translating “peace and harmony” into public order. This article traces translations of public order in three distinct but interlocking arena within which the legal circulates: the impact of British colonial legal frameworks on post-colonial legal decision making; the transnational practice of cross-jurisdictional citation and transjudicial communication; the effects of the international war on terror on internal security arrangements. Seeking the making of increasingly global notions of public order in domestic courts in Malaysia and Pakistan, it places common law practices and institutions in the context of a series of networked internationalisms underwritten by the colonial legacies of the British Indian empire, practices and institutions which are now implicated in new international networks undergirded by the security concerns of the United States. From the vantage point of these Muslim majority allies in the War on Terror, this article builds upon recent efforts to reconsider empire and law as key factors in the study of international history and international relations, making visible a series of interlinked domestic, transnational and global spaces in which agents, institutions and ideas travel, conditioned by both imperial and international logics. It finds that what the colonial legacy of British law made possible – legal logics in which religious freedom is understood through the calculus of internal security – the war on terror has made far more likely.