Law, Power, and the Sovereign State PDF Download

Author: Michael Ross Fowler
Publisher: Penn State Press
ISBN: 9780271039114
Category : Political Science
Languages : en
Pages : 220

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Book Description
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: Leonard Lawlor
Publisher: Cambridge University Press
ISBN: 1139867067
Category : Philosophy
Languages : en
Pages : 1318

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Book Description
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: Thomas Hobbes
Publisher: Courier Corporation
ISBN: 048612214X
Category : Philosophy
Languages : en
Pages : 418

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Book Description
Written during a moment in English history when the political and social structures were in flux and open to interpretation, Leviathan played an essential role in the development of the modern world.

Author: Thomas J. Biersteker
Publisher: Cambridge University Press
ISBN: 9780521562522
Category : Political Science
Languages : en
Pages : 30

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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: Daniel Lee
Publisher: Oxford University Press
ISBN: 0191072044
Category : Law
Languages : en
Pages : 296

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Book Description
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: Stewart Patrick
Publisher: Brookings Institution Press
ISBN: 0815737823
Category : Political Science
Languages : en
Pages : 229

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Book Description
Now in paperback—with a new preface by the author Americans have long been protective of the country's sovereignty—all the way back to George Washington who, when retiring as president, admonished his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced periodic, often heated, debates about how to maintain that sovereignty, and whether and when it is appropriate to cede some of it in the form of treaties and the alliances about which Washington warned. As the 2016 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 high-jacked 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: 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.

Author: N. W. Barber
Publisher: Oxford University Press
ISBN: 0192535684
Category : Law
Languages : en
Pages : 417

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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: Gianpaolo Baiocchi
Publisher: John Wiley & Sons
ISBN: 1509521399
Category : Philosophy
Languages : en
Pages : 140

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Book Description
What does it mean for the people to actually rule? Formal democracy is an empty and cynical shell, while the nationalist Right claims to advance its anti-democratic project in the name of ‘the People’. How can the Left respond in a way that is true to both its radical egalitarianism and its desire to transform the real world? In this book, Gianpaolo Baiocchi argues that the only answer is a radical utopia of popular self-rule. This means that the ‘people’ who rule must be understood as a demos that is totally open, inclusive and egalitarian, constantly expanding its boundaries. But it also means that sovereignty must be absolute, possessing total power over all relevant decisions that impact the conditions of life. Only, he argues, by a process of explosive and creative tension between this radical view of the ‘we’ and an absolute idea of the ‘sovereign’ can we transform our approach to political parties and state institutions and make them instruments of total emancipation. Illustrated by the real-life experiences of movements throughout the world, from Latin America to Southern Europe, Baiocchi’s provocative vision will be essential reading for all activists who want to understand the true meaning of radical democracy in the 21st century.

Author: Nick Vaughan-Williams
Publisher: Edinburgh University Press
ISBN: 0748640215
Category : Political Science
Languages : en
Pages : 208

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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: Hent Kalmo
Publisher: Cambridge University Press
ISBN: 9781107679399
Category : Political Science
Languages : en
Pages : 0

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Book Description
The political make-up of the contemporary world changes with such rapidity that few attempts have been made to consider with adequate care, the nature and value of the concept of sovereignty. What exactly is meant when one speaks about the acquisition, preservation, infringement or loss of sovereignty? This book revisits the assumptions underlying the applications of this fundamental category, as well as studying the political discourses in which it has been embedded. Bringing together historians, constitutional lawyers, political philosophers and experts in international relations, Sovereignty in Fragments seeks to dispel the illusion that there is a unitary concept of sovereignty of which one could offer a clear definition. This book will appeal to scholars and advanced students of international relations, international law and the history of political thought.