The Failure Of Popular Sovereignty

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The Failure of Popular Sovereignty

Author : Christopher Childers
Publisher : University Press of Kansas
Page : 352 pages
File Size : 54,6 Mb
Release : 2012-11-08
Category : History
ISBN : 9780700618682

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The Failure of Popular Sovereignty by Christopher Childers Pdf

As the expanding United States grappled with the question of how to determine the boundaries of slavery, politicians proposed popular sovereignty as a means of entrusting the issue to citizens of new territories. Christopher Childers now uses popular sovereignty as a lens for viewing the radicalization of southern states' rights politics, demonstrating how this misbegotten offspring of slavery and Manifest Destiny, though intended to assuage passions, instead worsened sectional differences, radicalized southerners, and paved the way for secession. In this first major history of popular sovereignty, Childers explores the triangular relationship among the extension of slavery, southern politics, and territorial governance. He shows how, as politicians from North and South redesigned popular sovereignty to lessen sectional tensions and remove slavery from the national political discourse, the doctrine instead made sectional divisions intractable, placed the territorial issue at the center of national politics, and gave voice to an increasingly radical states' rights interpretation of the federal compact. Childers explains how politicians offered the idea of local control over slavery as a way to appease the South-or at least as a compromise that would not offend the states' rights constitutional scruples of southerners. In the end, that strategy backfired by transforming the South into a rigid sectional bloc dedicated to the protection and perpetuation of slavery-a political time bomb that eventually exploded into Civil War. Tracing the doctrine of popular sovereignty back to its roots in the early American republic, Childers describes the dichotomy between believers in local control in the territories and national control as first embodied in the 1787 Northwest Ordinance. Noting that the slavery extension issue had surfaced before but obviously not been resolved, he shows how the debate over this issue played out over time, complicated the relationship between the federal government and the territories, and radicalized sectional politics. He also provides new insight into such topics as Arkansas and Florida statehood, the early phases of California's statehood bid, and the emergence of John C. Calhoun's common property doctrine. Laced with new insights, Childers's study offers a coherent narrative of the formative moments in the slavery debate that have been seen heretofore as discrete events. His work stands at the intersection of political, intellectual, and constitutional history, unfolding the formative moments in the slavery debate to expand our understanding of the peculiar institution in the early republic.

Sovereignty in Action

Author : Bas Leijssenaar,Neil Walker
Publisher : Cambridge University Press
Page : 247 pages
File Size : 49,9 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.

From Popular Sovereignty to the Sovereignty of Law

Author : Martin Ostwald
Publisher : Univ of California Press
Page : 687 pages
File Size : 40,8 Mb
Release : 2023-07-28
Category : History
ISBN : 9780520909687

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From Popular Sovereignty to the Sovereignty of Law by Martin Ostwald Pdf

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.

Definition and Development of Human Rights and Popular Sovereignty in Europe

Author : European Commission for Democracy through Law,Council of Europe
Publisher : Council of Europe
Page : 236 pages
File Size : 40,5 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9287171343

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Definition and Development of Human Rights and Popular Sovereignty in Europe by European Commission for Democracy through Law,Council of Europe Pdf

What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

The Caliphate of Man

Author : Andrew F. March
Publisher : Harvard University Press
Page : 329 pages
File Size : 55,6 Mb
Release : 2019-09-03
Category : Religion
ISBN : 9780674242746

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The Caliphate of Man by Andrew F. March Pdf

A political theorist teases out the century-old ideological transformation at the heart of contemporary discourse in Muslim nations undergoing political change. The Arab Spring precipitated a crisis in political Islam. In Egypt Islamists have been crushed. In Turkey they have descended into authoritarianism. In Tunisia they govern but without the label of “political Islam.” Andrew March explores how, before this crisis, Islamists developed a unique theory of popular sovereignty, one that promised to determine the future of democracy in the Middle East. This began with the claim of divine sovereignty, the demand to restore the sharīʿa in modern societies. But prominent theorists of political Islam also advanced another principle, the Quranic notion that God’s authority on earth rests not with sultans or with scholars’ interpretation of written law but with the entirety of the Muslim people, the umma. Drawing on this argument, utopian theorists such as Abū’l-Aʿlā Mawdūdī and Sayyid Quṭb released into the intellectual bloodstream the doctrine of the caliphate of man: while God is sovereign, He has appointed the multitude of believers as His vicegerent. The Caliphate of Man argues that the doctrine of the universal human caliphate underpins a specific democratic theory, a kind of Islamic republic of virtue in which the people have authority over the government and religious leaders. But is this an ideal regime destined to survive only as theory?

State Failure, Sovereignty And Effectiveness

Author : Gérard Kreijen
Publisher : Martinus Nijhoff Publishers
Page : 405 pages
File Size : 51,9 Mb
Release : 2004
Category : Law
ISBN : 9789004139657

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State Failure, Sovereignty And Effectiveness by Gérard Kreijen Pdf

This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.

Sovereignty & the Responsibility to Protect

Author : Luke Glanville
Publisher : University of Chicago Press
Page : 305 pages
File Size : 50,7 Mb
Release : 2013-12-20
Category : Political Science
ISBN : 9780226077086

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Sovereignty & the Responsibility to Protect by Luke Glanville Pdf

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.

Popular Sovereignty in Historical Perspective

Author : Richard Bourke,Quentin Skinner
Publisher : Cambridge University Press
Page : 421 pages
File Size : 40,9 Mb
Release : 2016-03-24
Category : History
ISBN : 9781107130401

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Popular Sovereignty in Historical Perspective by Richard Bourke,Quentin Skinner Pdf

The first collaborative volume to explore popular sovereignty, a pivotal concept in the history of political thought.

The Sovereignty Wars

Author : Stewart M. Patrick
Publisher : Brookings Institution Press
Page : 356 pages
File Size : 40,8 Mb
Release : 2017-10-31
Category : Political Science
ISBN : 9780815731603

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The Sovereignty Wars by Stewart M. Patrick Pdf

Protecting sovereignty while advancing American interests in the global age Americans have long been protective of the country’s sovereignty—beginning when George Washington retired as president with the admonition for his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced persistent, often heated debates about how to maintain that sovereignty, and whether it is endangered when the United States enters international organizations, treaties, and alliances about which Washington warned. As the recent election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily highjacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: namely, the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation’s fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.

Popular Sovereignty and the Crisis of German Constitutional Law

Author : Peter C. Caldwell
Publisher : Duke University Press
Page : 324 pages
File Size : 55,9 Mb
Release : 1997
Category : History
ISBN : 0822319888

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Popular Sovereignty and the Crisis of German Constitutional Law by Peter C. Caldwell Pdf

A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

Sovereignty in Post-Sovereign Society

Author : Jiří Přibáň
Publisher : Routledge
Page : 284 pages
File Size : 45,8 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.

Political Theology

Author : Paul W. Kahn
Publisher : Columbia University Press
Page : 226 pages
File Size : 54,6 Mb
Release : 2012
Category : Philosophy
ISBN : 9780231153416

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Political Theology by Paul W. Kahn Pdf

Annotation In a text innovative in both form and substance, Kahn forces an engagement with Schmitt's four chapters, offering a new version of each that is responsive to the American political imaginary.

The Failure of Popular Constitution Making in Turkey

Author : Felix Petersen,Zeynep Yanasmayan,Zeynep Yanaşmayan
Publisher : Cambridge University Press
Page : 427 pages
File Size : 55,8 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108497626

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The Failure of Popular Constitution Making in Turkey by Felix Petersen,Zeynep Yanasmayan,Zeynep Yanaşmayan Pdf

Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.

The Politics of Rights and the 1911 Revolution in China

Author : Xiaowei Zheng
Publisher : Stanford University Press
Page : 514 pages
File Size : 45,5 Mb
Release : 2018-01-23
Category : History
ISBN : 9781503601093

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The Politics of Rights and the 1911 Revolution in China by Xiaowei Zheng Pdf

“A fascinating story . . . worth the attention of every student of modern China.” —The Journal of Asian Studies China’s 1911 Revolution was a momentous political transformation. Its leaders, however, were not rebellious troublemakers on the periphery of imperial order. On the contrary, they were a powerful political and economic elite deeply entrenched in local society and well-respected both for their imperially sanctioned cultural credentials and for their mastery of new ideas. The revolution they spearheaded produced a new, democratic political culture that enshrined national sovereignty, constitutionalism, and the rights of the people as indisputable principles. Based upon previously untapped Qing and Republican sources, The Politics of Rights and the 1911 Revolution in China is a nuanced and colorful chronicle of the revolution as it occurred in local and regional areas. Xiaowei Zheng explores the ideas that motivated the revolution, the popularization of those ideas, and their animating impact on the Chinese people at large. The focus of the book is not on the success or failure of the revolution, but rather on the transformative effect that revolution has on people and what they learn from it.

The Far Right Today

Author : Cas Mudde
Publisher : John Wiley & Sons
Page : 129 pages
File Size : 52,5 Mb
Release : 2019-10-25
Category : Philosophy
ISBN : 9781509536856

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The Far Right Today by Cas Mudde Pdf

The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.