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Sovereignty And The Law
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Book Synopsis From Popular Sovereignty to the Sovereignty of Law by : Martin Ostwald
Download or read book From Popular Sovereignty to the Sovereignty of Law written by Martin Ostwald and published by Univ of California Press. This book was released on 2023-07-28 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing the "democratic" features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.
Book Synopsis Concepts of State, Sovereignty and International Law by : Johannes Mattern
Download or read book Concepts of State, Sovereignty and International Law written by Johannes Mattern and published by . This book was released on 1928 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Sovereignty, Knowledge, Law by : Panu Minkkinen
Download or read book Sovereignty, Knowledge, Law written by Panu Minkkinen and published by Routledge. This book was released on 2009-05-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty, Knowledge, Law investigates the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge. The varied and interchangeable uses of legal sovereignty, political sovereignty and metaphysical sovereignty in contemporary debates have resulted in a situation where the word ‘sovereignty’ itself has become something of a non-concept. Panu Minkkinen shows here how these three perspectives have informed one another, by addressing their shared relationship to law, and to the ‘autocephalous’ function of sovereignty; that is, the attempt to provide a single source and foundation for law, power, and self-knowledge. Through an effort to domesticate the intrinsically ‘heterocephalous’ nature of power, the juridical and jurisprudential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. Sovereignty, Knowledge, Law thus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship.
Book Synopsis Property and Sovereignty by : Professor James Charles Smith
Download or read book Property and Sovereignty written by Professor James Charles Smith and published by Ashgate Publishing, Ltd.. This book was released on 2014-01-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.
Author :Kenneth Pennington Publisher :University of California Presson Demand ISBN 13 :9780520079953 Total Pages :335 pages Book Rating :4.0/5 (799 download)
Book Synopsis The Prince and the Law, 1200-1600 by : Kenneth Pennington
Download or read book The Prince and the Law, 1200-1600 written by Kenneth Pennington and published by University of California Presson Demand. This book was released on 1993-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Specialists will find it not merely interesting, but exciting and significant."--Robert L. Benson, University of California, Los Angeles "A work of synthesis that at the same time introduces new material to the treasury of studies on medieval political thought."--Stanley Chodorov, University of California, San Diego "Specialists will find it not merely interesting, but exciting and significant."--Robert L. Benson, University of California, Los Angeles
Book Synopsis Sovereignty Within the Law by : Arthur Larson
Download or read book Sovereignty Within the Law written by Arthur Larson and published by Dobbs Ferry, N.Y. : Oceana. This book was released on 1965 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presentation of articles on fifteen systems of legislation (national level and Church) as a source of general principles of international law recognised by civilised nations. Includes examination of the law of France, Italy, Germany (now Germany, Federal Republic and the German Democratic Republic, Netherlands, Scandinavian countries, Latin America, Africa, Japan, China, Taiwan, China and USSR.
Book Synopsis Globalization and Sovereignty by : Jean L. Cohen
Download or read book Globalization and Sovereignty written by Jean L. Cohen and published by Cambridge University Press. This book was released on 2012-08-02 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Book Synopsis Sovereignty, International Law, and the French Revolution by : Edward James Kolla
Download or read book Sovereignty, International Law, and the French Revolution written by Edward James Kolla and published by Cambridge University Press. This book was released on 2017-10-12 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
Book Synopsis The Right of Sovereignty by : Daniel Lee
Download or read book The Right of Sovereignty written by Daniel Lee and published by Oxford University Press. This book was released on 2021-08-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.
Book Synopsis The Sovereignty of Human Rights by : Patrick Macklem
Download or read book The Sovereignty of Human Rights written by Patrick Macklem and published by Oxford University Press. This book was released on 2015-08-20 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Book Synopsis The Principles of Constitutionalism by : N. W. Barber
Download or read book The Principles of Constitutionalism written by N. W. Barber and published by Oxford University Press. This book was released on 2018-07-26 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Download or read book Sovereignty written by Hermann Heller and published by Oxford University Press. This book was released on 2019-03-19 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hermann Heller was one of the leading public lawyers and legal and political theorists of the Weimar era, whose main interlocutors were two of the giants of twentieth century legal and political thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann Heller addresses the paradox of sovereignty. That is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller sees that the tensions the paradox highlights are an essential part of a society ruled by law. Sovereignty, in the sense of national and popular sovereignty, is often perceived today as being under threat, as power devolves from nation states to international bodies, and important decisions seem increasingly made by elite-dominated institutions. Hermann Heller wrote Sovereignty in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, Heller speaks clearly to our contemporary concerns, and shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.
Book Synopsis Law, Power, and the Sovereign State by : Michael Ross Fowler
Download or read book Law, Power, and the Sovereign State written by Michael Ross Fowler and published by Penn State Press. This book was released on 2010-11-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.
Book Synopsis A Search for Sovereignty by : Lauren Benton
Download or read book A Search for Sovereignty written by Lauren Benton and published by Cambridge University Press. This book was released on 2009-11-30 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.
Book Synopsis Sovereignty in the Shared Legal Order of the EU by : Anthonie Brink
Download or read book Sovereignty in the Shared Legal Order of the EU written by Anthonie Brink and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does EU membership affect national sovereignty? This edited volume offers a broader perspective on sovereignty relying on the international law concept.
Book Synopsis International Law and Japanese Sovereignty by : Douglas Howland
Download or read book International Law and Japanese Sovereignty written by Douglas Howland and published by Springer. This book was released on 2016-11-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.
Book Synopsis Sovereignty in Post-Sovereign Society by : Jiří Přibáň
Download or read book Sovereignty in Post-Sovereign Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-03-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
