Law Power And The Sovereign State

Author : Michael Ross Fowler,Julie Marie Bunck
Publisher : Penn State Press
Page : 220 pages
File Size : 54,6 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 : 50,6 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 : 51,9 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 : Professor James Charles Smith
Publisher : Ashgate Publishing, Ltd.
Page : 336 pages
File Size : 47,9 Mb
Release : 2014-01-28
Category : Law
ISBN : 9781409484707

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Property and Sovereignty by Professor James Charles Smith Pdf

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 : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 53,6 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 : Jiří Přibáň
Publisher : Routledge
Page : 284 pages
File Size : 42,7 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 : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 44,5 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 : Kevin Harrison,Tony Boyd
Publisher : Manchester University Press
Page : 372 pages
File Size : 55,6 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 : 45,7 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 : Patrick Macklem
Publisher : Oxford University Press
Page : 200 pages
File Size : 46,5 Mb
Release : 2015-08-20
Category : Law
ISBN : 9780190267322

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The Sovereignty of Human Rights by Patrick Macklem Pdf

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.

Author : Daniel Lee
Publisher : Unknown
Page : 320 pages
File Size : 45,9 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 : Jean L. Cohen
Publisher : Cambridge University Press
Page : 455 pages
File Size : 45,6 Mb
Release : 2012-08-02
Category : Political Science
ISBN : 9781139560269

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Globalization and Sovereignty by Jean L. Cohen Pdf

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.

Author : Benjamin Gregg
Publisher : University of Pennsylvania Press
Page : 296 pages
File Size : 45,6 Mb
Release : 2016-04-12
Category : Political Science
ISBN : 9780812248050

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The Human Rights State by Benjamin Gregg Pdf

The nation-state operates on a logic of exclusion: no state can offer citizenship and rights to all people in the world. In The Human Rights State, Benjamin Gregg proposes ways to decouple rights from citizenship, preserving the nation state, in modified form, and allowing human rights to become part of its domestic constitution.

Author : Leonard Lawlor,John Nale
Publisher : Cambridge University Press
Page : 730 pages
File Size : 53,9 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 : Bas Leijssenaar,Neil Walker
Publisher : Cambridge University Press
Page : 247 pages
File Size : 40,5 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.