Law Power And The Sovereign State

Author : Michael Ross Fowler,Julie Marie Bunck
Publisher : Penn State Press
Page : 220 pages
File Size : 46,5 Mb
Release : 2010-11-01
Category : Political Science
ISBN : 0271039116

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Law, Power, and the Sovereign State by Michael Ross Fowler,Julie Marie Bunck Pdf

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.

Author : Michael R. Fowler,Julie M. Bunck
Publisher : Unknown
Page : 128 pages
File Size : 46,9 Mb
Release : 1995-12-01
Category : Electronic
ISBN : 027100147X

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Law, Power, and the Sovereign State by Michael R. Fowler,Julie M. Bunck Pdf

Author : Daniel Lee
Publisher : Oxford University Press
Page : 321 pages
File Size : 52,5 Mb
Release : 2021
Category : Law
ISBN : 9780198755531

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The Right of Sovereignty by Daniel Lee Pdf

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.

Author : Jiří Přibáň
Publisher : Routledge
Page : 284 pages
File Size : 40,7 Mb
Release : 2016-03-09
Category : Law
ISBN : 9781317052081

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Sovereignty in Post-Sovereign Society by Jiří Přibáň Pdf

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.

Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 41,9 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213

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International Law and New Wars by Christine Chinkin,Mary Kaldor Pdf

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Author : Kevin Harrison,Tony Boyd
Publisher : Manchester University Press
Page : 372 pages
File Size : 52,9 Mb
Release : 2003-12-05
Category : History
ISBN : 0719061512

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Understanding Political Ideas and Movements by Kevin Harrison,Tony Boyd Pdf

Underpinned by the work of major thinkers such as Marx, Locke, Weber, Hobbes and Foucault, the first half of the book looks at political concepts including: the state and sovereignty; the nation; democracy; representation and legitimacy; freedom; equiality and rights; obligation; and citizenship. There is also a specific chapter which addresses the role of ideology in the shaping of politics and society. The second half of the book addresses traditional theoretical subjects such as socialism, Marxism and nationalism, before moving on to more contemporary movements such as environmentalism, ecologism and feminism.

Author : N. W. Barber
Publisher : Oxford University Press
Page : 340 pages
File Size : 48,5 Mb
Release : 2018-07-26
Category : Law
ISBN : 9780192535689

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The Principles of Constitutionalism by N. W. Barber Pdf

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.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 48,5 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : Daniel Lee
Publisher : Unknown
Page : 320 pages
File Size : 42,5 Mb
Release : 2021
Category : Electronic books
ISBN : 0191072036

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The Right of Sovereignty by Daniel Lee Pdf

Examining the origins of the principle of sovereignty in the legal and political thought of Jean Bodin, this book explores his 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.

Author : Peter H. Russell
Publisher : University of Toronto Press
Page : 185 pages
File Size : 47,9 Mb
Release : 2021-02-01
Category : History
ISBN : 9781487539702

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Sovereignty by Peter H. Russell Pdf

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.

Author : Panu Minkkinen
Publisher : Routledge Cavendish
Page : 0 pages
File Size : 44,9 Mb
Release : 2011-07-28
Category : Self (Philosophy)
ISBN : 0415685257

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Sovereignty, Knowledge, Law by Panu Minkkinen Pdf

Sovereignty, Knowledge, Lawinvestigates 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, Lawthus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship.

Author : Bas Leijssenaar,Neil Walker
Publisher : Cambridge University Press
Page : 247 pages
File Size : 45,9 Mb
Release : 2019-07-18
Category : History
ISBN : 9781108483513

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Sovereignty in Action by Bas Leijssenaar,Neil Walker Pdf

Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

Author : Jeremy A. Rabkin
Publisher : Princeton University Press
Page : 366 pages
File Size : 42,6 Mb
Release : 2005
Category : Law
ISBN : 0691095302

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Law Without Nations? by Jeremy A. Rabkin Pdf

What authority does international law really have for the United States? When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question. Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own. Law without Nations? traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes. A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas.

Author : Leonard Lawlor,John Nale
Publisher : Cambridge University Press
Page : 730 pages
File Size : 40,6 Mb
Release : 2014-04-21
Category : Philosophy
ISBN : 0521119219

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The Cambridge Foucault Lexicon by Leonard Lawlor,John Nale Pdf

The Cambridge Foucault Lexicon is a reference tool that provides clear and incisive definitions and descriptions of all of Foucault's major terms and influences, including history, knowledge, language, philosophy, and power. It also includes entries on philosophers about whom Foucault wrote and who influenced Foucault's thinking, such as Deleuze, Heidegger, Nietzsche, and Canguilhem. The entries are written by scholars of Foucault from a variety of disciplines such as philosophy, gender studies, political science, and history. Together, they shed light on concepts key to Foucault and to ongoing discussions of his work today.

Author : Anonim
Publisher : BRILL
Page : 262 pages
File Size : 55,6 Mb
Release : 2020-09-07
Category : Social Science
ISBN : 9789004431140

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Humanitarianism: Keywords by Anonim Pdf

Humanitarianism: Keywords is a comprehensive dictionary designed as a compass for navigating the conceptual universe of humanitarianism. It is an intuitive toolkit to map contemporary humanitarianism and to explore its current and future articulations. The dictionary serves a broad readership of practitioners, students, and researchers by providing informed access to the extensive humanitarian vocabulary.