The Right Of Sovereignty

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The Right of Sovereignty

Author : Daniel Lee
Publisher : Oxford University Press
ISBN 13 : 0191072044
Total Pages : 296 pages
Book Rating : 4.1/5 (91 download)

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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.

The Right of Sovereignty

Author : Daniel Lee
Publisher : Oxford University Press
ISBN 13 : 0198755538
Total Pages : 321 pages
Book Rating : 4.1/5 (987 download)

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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 with total page 321 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.

Sovereignty in the Exercise of the Right to Self-Determination

Author : Jane A. Hofbauer
Publisher : BRILL
ISBN 13 : 900432870X
Total Pages : 379 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Sovereignty in the Exercise of the Right to Self-Determination by : Jane A. Hofbauer

Download or read book Sovereignty in the Exercise of the Right to Self-Determination written by Jane A. Hofbauer and published by BRILL. This book was released on 2016-09-12 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.

Law, Power, and the Sovereign State

Author : Michael Ross Fowler
Publisher : Penn State Press
ISBN 13 : 9780271039114
Total Pages : 220 pages
Book Rating : 4.0/5 (391 download)

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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.

Freedom Beyond Sovereignty

Author : Sharon R. Krause
Publisher : University of Chicago Press
ISBN 13 : 022623472X
Total Pages : 260 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Freedom Beyond Sovereignty by : Sharon R. Krause

Download or read book Freedom Beyond Sovereignty written by Sharon R. Krause and published by University of Chicago Press. This book was released on 2015-03-13 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be free? We invoke the word frequently, yet the freedom of countless Americans is compromised by social inequalities that systematically undercut what they are able to do and to become. If we are to remedy these failures of freedom, we must move beyond the common assumption, prevalent in political theory and American public life, that individual agency is best conceived as a kind of personal sovereignty, or as self-determination or control over one’s actions. In Freedom Beyond Sovereignty, Sharon R. Krause shows that individual agency is best conceived as a non-sovereign experience because our ability to act and affect the world depends on how other people interpret and respond to what we do. The intersubjective character of agency makes it vulnerable to the effects of social inequality, but it is never in a strict sense socially determined. The agency of the oppressed sometimes surprises us with its vitality. Only by understanding the deep dynamics of agency as simultaneously non-sovereign and robust can we remediate the failed freedom of those on the losing end of persistent inequalities and grasp the scope of our own responsibility for social change. Freedom Beyond Sovereignty brings the experiences of the oppressed to the center of political theory and the study of freedom. It fundamentally reconstructs liberal individualism and enables us to see human action, personal responsibility, and the meaning of liberty in a totally new light.

The Sovereignty of Human Rights

Author : Patrick Macklem
Publisher : Oxford University Press
ISBN 13 : 019026733X
Total Pages : 272 pages
Book Rating : 4.1/5 (92 download)

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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 272 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.

Bodin: On Sovereignty

Author : Jean Bodin
Publisher : Cambridge University Press
ISBN 13 : 9780521349925
Total Pages : 196 pages
Book Rating : 4.3/5 (499 download)

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Book Synopsis Bodin: On Sovereignty by : Jean Bodin

Download or read book Bodin: On Sovereignty written by Jean Bodin and published by Cambridge University Press. This book was released on 1992-04-24 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume translates four chapters of Bodin's Six livres de la république, a vast synthesis of comparative public law and politics.

Popular Sovereignty in Early Modern Constitutional Thought

Author : Daniel Lee
Publisher : Oxford University Press
ISBN 13 : 0191062456
Total Pages : 394 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Popular Sovereignty in Early Modern Constitutional Thought by : Daniel Lee

Download or read book Popular Sovereignty in Early Modern Constitutional Thought written by Daniel Lee and published by Oxford University Press. This book was released on 2016-02-18 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Sovereignty

Author : Dieter Grimm
Publisher : Columbia University Press
ISBN 13 : 0231539304
Total Pages : 186 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Sovereignty by : Dieter Grimm

Download or read book Sovereignty written by Dieter Grimm and published by Columbia University Press. This book was released on 2015-04-21 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule.

Territorial Sovereignty

Author : Anna Stilz
Publisher :
ISBN 13 : 0198833539
Total Pages : 303 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Territorial Sovereignty by : Anna Stilz

Download or read book Territorial Sovereignty written by Anna Stilz and published by . This book was released on 2019 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book by one of the world's leading political theorists boldly questions the moral justification for organizing our world as a territorial states-system and proposes major changes to states' sovereign powers.

Sovereignty & the Responsibility to Protect

Author : Luke Glanville
Publisher : University of Chicago Press
ISBN 13 : 022607708X
Total Pages : 305 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Sovereignty & the Responsibility to Protect by : Luke Glanville

Download or read book Sovereignty & the Responsibility to Protect written by Luke Glanville and published by University of Chicago Press. This book was released on 2013-12-20 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.

The Limits of Sovereignty

Author : Daniel W. Hamilton
Publisher : University of Chicago Press
ISBN 13 : 0226314863
Total Pages : 240 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis The Limits of Sovereignty by : Daniel W. Hamilton

Download or read book The Limits of Sovereignty written by Daniel W. Hamilton and published by University of Chicago Press. This book was released on 2008-09-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.

Globalization and Sovereignty

Author : Jean L. Cohen
Publisher : Cambridge University Press
ISBN 13 : 1139560263
Total Pages : 455 pages
Book Rating : 4.1/5 (395 download)

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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.

Semblances of Sovereignty

Author : T. Alexander Aleinikoff
Publisher : Harvard University Press
ISBN 13 : 0674020154
Total Pages : 321 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Semblances of Sovereignty by : T. Alexander Aleinikoff

Download or read book Semblances of Sovereignty written by T. Alexander Aleinikoff and published by Harvard University Press. This book was released on 2009-07-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.

Sovereignty

Author : Peter H. Russell
Publisher : University of Toronto Press
ISBN 13 : 1487539703
Total Pages : 185 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Sovereignty by : Peter H. Russell

Download or read book Sovereignty written by Peter H. Russell and published by University of Toronto Press. This book was released on 2021-02-01 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: To be effective, sovereignty must be secured through force or consent by those living in a territory, and accepted externally by other sovereign states. To be legitimate, the sovereignty claim must have the consent of its people and accord with international human rights. In Sovereignty: The Biography of a Claim, Peter H. Russell traces the origins of the sovereignty claim to Christian Europe and the attribution of sovereignty to God in the early Middle Ages. Transcending a narrow legal framework, he discusses sovereignty as a political activity including efforts to enshrine sovereignty within international law. Russell does not call for the end of sovereignty but makes readers aware of its limitations. While sovereignty can do good work for small and vulnerable peoples, it cannot be the basis of a global order capable of responding to the major existential threats that threaten our species and our planet. A brisk, often humorous, and personal exploration, Sovereignty: The Biography of a Claim will interest specialists and general readers alike, offering fresh insights on the limitations of sovereignty and the potential of federalism to alleviate these limitations now and in the future.

Sovereignty in Post-Sovereign Society

Author : Jiří Přibáň
Publisher : Routledge
ISBN 13 : 1317052080
Total Pages : 284 pages
Book Rating : 4.3/5 (17 download)

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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.

The New Sovereignty

Author : Abram Chayes
Publisher : Harvard University Press
ISBN 13 : 9780674617834
Total Pages : 440 pages
Book Rating : 4.6/5 (178 download)

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Book Synopsis The New Sovereignty by : Abram Chayes

Download or read book The New Sovereignty written by Abram Chayes and published by Harvard University Press. This book was released on 1998-10-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.