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Author: Daniel W. Hamilton Publisher: University of Chicago Press ISBN: 0226314863 Category : Law Languages : en Pages : 240
Book Description
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.
Author: Daniel W. Hamilton Publisher: University of Chicago Press ISBN: 0226314863 Category : Law Languages : en Pages : 240
Book Description
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.
Author: William Davies Publisher: SAGE ISBN: 152641161X Category : Social Science Languages : en Pages : 249
Book Description
Brilliant...explains how the rhetoric of competition has invaded almost every domain of our existence." —Evgeny Morozov, author of To Save Everything, Click Here" "In this fascinating book Davies inverts the conventional neoliberal practice of treating politics as if it were mere epiphenomenon of market theory, demonstrating that their version of economics is far better understood as the pursuit of politics by other means." —Professor Philip Mirowski, University of Notre Dame "A sparkling, original, and provocative analysis of neoliberalism. It offers a distinctive account of the diverse, sometimes contradictory, conventions and justifications that lend authority to the extension of the spirit of competitiveness to all spheres of social life...This book breaks new ground, offers new modes of critique, and points to post-neoliberal futures." —Professor Bob Jessop, University of Lancaster Since its intellectual inception in the 1930s and its political emergence in the 1970s, neo-liberalism has sought to disenchant politics by replacing it with economics. This agenda-setting text examines the efforts and failures of economic experts to make government and public life amenable to measurement, and to re-model society and state in terms of competition. In particular, it explores the practical use of economic techniques and conventions by policy-makers, politicians, regulators and judges and how these practices are being adapted to the perceived failings of the neoliberal model. By picking apart the defining contradiction that arises from the conflation of economics and politics, this book asks: to what extent can economics provide government legitimacy? Now with a new preface from the author and a foreword by Aditya Chakrabortty.
Author: Thomas J. Biersteker Publisher: Cambridge University Press ISBN: 9780521562522 Category : Political Science Languages : en Pages : 30
Book Description
State sovereignty is an inherently social construct. The modern state system is not based on some timeless principle of sovereignty, but on the production of a normative conception that links authority, territory, population, and recognition in a unique way, and in a particular place (the state). The unique contribution of this book is to describe and illustrate the practices that have produced various sovereign ideals and resistances to them. The contributors analyze how the components of state sovereignty are socially constructed and combined in specific historical contexts.
Author: Alyssa M. Park Publisher: Cornell University Press ISBN: 1501738372 Category : History Languages : en Pages : 307
Book Description
Sovereignty Experiments tells the story of how authorities in Korea, Russia, China, and Japan—through diplomatic negotiations, border regulations, legal categorization of subjects and aliens, and cultural policies—competed to control Korean migrants as they suddenly moved abroad by the thousands in the late nineteenth century. Alyssa M. Park argues that Korean migrants were essential to the process of establishing sovereignty across four states because they tested the limits of state power over territory and people in a borderland where authority had been long asserted but not necessarily enforced. Traveling from place to place, Koreans compelled statesmen to take notice of their movement and to experiment with various policies to govern it. Ultimately, states' efforts culminated in drastic measures, including the complete removal of Koreans on the Soviet side. As Park demonstrates, what resulted was the stark border regime that still stands between North Korea, Russia, and China today. Skillfully employing a rich base of archival sources from across the region, Sovereignty Experiments sets forth a new approach to the transnational history of Northeast Asia. By focusing on mobility and governance, Park illuminates why this critical intersection of Asia was contested, divided, and later reimagined as parts of distinct nations and empires. The result is a fresh interpretation of migration, identity, and state making at the crossroads of East Asia and Russia.
Author: N. W. Barber Publisher: Oxford University Press ISBN: 0192535684 Category : Law Languages : en Pages : 417
Book Description
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: Carmen E. Pavel Publisher: Oxford University Press, USA ISBN: 0199376344 Category : Law Languages : en Pages : 241
Book Description
An exploration of new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities.
Author: Nick Vaughan-Williams Publisher: Edinburgh University Press ISBN: 0748640215 Category : Political Science Languages : en Pages : 208
Book Description
Winner of the Gold Award, 2011 Past Presidents' Book Competition, Association of Borderlands Studies. This book, newly available in paperback, presents a distinctive theoretical approach to the problem of borders in the study of global politics. It turns from current debates about the presence or absence of borders between states to consider the possibility that the concept of the border of the state is being reconfigured in contemporary political life.The author uses critical resources found in poststructuralist thought to think in new ways about the relationship between borders, security and sovereign power, drawing on a range of thinkers including Agamben, Derrida and Foucault. He highlights the necessity of a more pluralized and radicalised view of what borders are and where they might be found and uses the problem of borders to critically explore the innovations and limits of poststructuralist scholarship.
Author: Don Herzog Publisher: Yale University Press ISBN: 0300252870 Category : Political Science Languages : en Pages : 316
Book Description
Has the concept of sovereignty outlived its usefulness? Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we’ve gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at idiotic complaints about the League of Nations, and much more—Don Herzog charts both the political struggles that forged sovereignty and the ones that undid it. He argues that it’s no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It’s time, past time, to retire sovereignty.
Author: Jens David Ohlin Publisher: Cambridge University Press ISBN: 1108861326 Category : Law Languages : en Pages : 233
Book Description
Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more “information operations,” a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation.
Author: Daniel W. Hamilton Publisher: ReadHowYouWant.com ISBN: 1459606248 Category : Law Languages : en Pages : 426
Book Description
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 thoug...
Author: Daniel W. Hamilton
Author: Daniel W. Hamilton
Author: William Davies
Author: Thomas J. Biersteker
Author: Alyssa M. Park
Author: N. W. Barber
Author: Carmen E. Pavel
Author: Nick Vaughan-Williams
Author: Don Herzog
Author: Jens David Ohlin
Author: Daniel W. Hamilton