Reconstructing Sovereignty

Reconstructing Sovereignty
Author: Antonia M. Waltermann
Publisher: Springer Nature
Total Pages: 169
Release: 2019-10-17
Genre: Law
ISBN: 3030300048

The notion of sovereignty plays an important part in various areas of law, such as constitutional law and international public law. Though the concept of sovereignty as applied in constitutional law differs from that used in international public law, there is no true consensus on the meaning of “sovereignty” within these respective fields, either. Is sovereignty about factual power, or only about legal equality? Do only democracies have sovereignty, because they have legitimacy, or is there no (necessary) connection between democracy, legitimacy and sovereignty? Has the European Union encroached upon the sovereignty of the Member States, or is transferring competences to the European Union an expression and exercise of the very sovereignty some claim is under attack? Is it about states, or is it about peoples having a right to self-determination, and if the latter, does this represent popular sovereignty or something else? In order to answer these and related questions, we need a clear grasp of what “sovereignty” means. This book provides an analytical and conceptual framework for “sovereignty” in the context of law. The book does not seek to describe how the term “sovereignty” is used in the different contexts and discourses in which it is employed, but rather distinguishes between two possible meanings of sovereignty that allow the reader to use the term with specificity and clarity. In this way, this book hopes to offer valuable analytical tools for politicians, constitutional and international lawyers (both practitioners and academics) and legal theorists that help them be clear about what they mean when they speak of “sovereignty.”

Freedom Beyond Sovereignty

Freedom Beyond Sovereignty
Author: Sharon R. Krause
Publisher: University of Chicago Press
Total Pages: 260
Release: 2015-03-13
Genre: Philosophy
ISBN: 022623472X

What does it mean to be free? We invoke the word frequently, yet the freedom of countless Americans is compromised by social inequalities that systematically undercut what they are able to do and to become. If we are to remedy these failures of freedom, we must move beyond the common assumption, prevalent in political theory and American public life, that individual agency is best conceived as a kind of personal sovereignty, or as self-determination or control over one’s actions. In Freedom Beyond Sovereignty, Sharon R. Krause shows that individual agency is best conceived as a non-sovereign experience because our ability to act and affect the world depends on how other people interpret and respond to what we do. The intersubjective character of agency makes it vulnerable to the effects of social inequality, but it is never in a strict sense socially determined. The agency of the oppressed sometimes surprises us with its vitality. Only by understanding the deep dynamics of agency as simultaneously non-sovereign and robust can we remediate the failed freedom of those on the losing end of persistent inequalities and grasp the scope of our own responsibility for social change. Freedom Beyond Sovereignty brings the experiences of the oppressed to the center of political theory and the study of freedom. It fundamentally reconstructs liberal individualism and enables us to see human action, personal responsibility, and the meaning of liberty in a totally new light.

State Sovereignty as Social Construct

State Sovereignty as Social Construct
Author: Thomas J. Biersteker
Publisher: Cambridge University Press
Total Pages: 30
Release: 1996-05-02
Genre: Political Science
ISBN: 9780521562522

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.

Human Rights in the Emerging Global Order

Human Rights in the Emerging Global Order
Author: K. Mills
Publisher: Springer
Total Pages: 268
Release: 1998-09-14
Genre: Political Science
ISBN: 0230373550

Mills focuses on one of the most significant parts of the sovereignty debate on human rights and humanitarian issues and raises three interrelated questions. First, how are empirical processes and practices undermining traditional notions of sovereignty? These include actions by the United Nations and other organizations on behalf of human rights, such as humanitarian intervention, the movements of refugees and others across the borders, and increasing calls for communal self-determination. Second, taking into account the above question, and examining these issues from a normative political theory perspective, what should be the relationship between individuals, groups, states, and the international community with respect to the twin aspects of power and authority inherent in sovereignty? Third, what new or modified international institutions may be needed in the future to deal with these humanitarian issues?

Invisible Sovereign

Invisible Sovereign
Author: Mark G. Schmeller
Publisher: Johns Hopkins University Press+ORM
Total Pages: 397
Release: 2016-01-12
Genre: History
ISBN: 1421418711

This history of early American political thought examines the emergence, evolution, and manipulation of public opinion. In the early American republic, the concept of public opinion was a recent—and ambiguous—invention. While appearing to promise a new style of democratic politics, the concept was also invoked to limit self-rule, cement traditional prejudices, stall deliberation, and marginalize dissent. As Americans contested the meaning of this essentially contestable idea, they expanded and contracted the horizons of political possibility and renegotiated the terms of political legitimacy. Tracing the concept from its late eighteenth-century origins to the Gilded Age, Mark G. Schmeller’s Invisible Sovereign argues that public opinion is a central catalyst in the history of American political thought. Schmeller treats it as a contagious idea that infected a broad range of discourses and practices in powerful, occasionally ironic, and increasingly contentious ways. Ranging across a wide variety of historical fields, Invisible Sovereign traces a shift over time from early “political-constitutional” concepts, which wrapped pubic opinion in the language of constitutionalism, to more modern, “social-psychological” concepts, which defined public opinion as a product of social action and mass communication.

Gender and Sovereignty

Gender and Sovereignty
Author: J. Hoffman
Publisher: Springer
Total Pages: 231
Release: 2001-02-16
Genre: Social Science
ISBN: 0230288189

Gender and Sovereignty seeks to reconstruct the notion of sovereignty in post-patriarchal society. Sovereignty is linked to emancipation, and an attempt is made to free both concepts from the static characteristics which derive from the Enlightenment and an uncritical view of the state. To reconstruct sovereignty, we must look beyond the state. Sovereignty, analysed in relational terms, becomes aligned with autonomy and self-determination in a world in which men and women can only be sovereign when they empower one another.

Remaking North American Sovereignty

Remaking North American Sovereignty
Author: Jewel L. Spangler
Publisher: Fordham University Press
Total Pages: 289
Release: 2020-04-07
Genre: History
ISBN: 0823288471

North America took its political shape in the crisis of the 1860s, marked by Canadian Confederation, the U.S. Civil War, the restoration of the Mexican Republic, and numerous wars and treaty regimes conducted between these states and indigenous peoples. This crisis wove together the three nation-states of modern North America from a patchwork of contested polities. Remaking North American Sovereignty brings together distinguished experts on the histories of Canada, indigenous peoples, Mexico, and the United States to re-evaluate this era of political transformation in light of the global turn in nineteenth-century historiography. They uncover the continental dimensions of the 1860s crisis that have been obscured by historical traditions that confine these conflicts within its national framework.

Globalization and Sovereignty

Globalization and Sovereignty
Author: Jean L. Cohen
Publisher: Cambridge University Press
Total Pages: 455
Release: 2012-08-02
Genre: Political Science
ISBN: 1139560263

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.

Popular Sovereignty in Historical Perspective

Popular Sovereignty in Historical Perspective
Author: Richard Bourke
Publisher: Cambridge University Press
Total Pages: 421
Release: 2016-03-24
Genre: History
ISBN: 1107130409

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

Money, Markets, and Sovereignty

Money, Markets, and Sovereignty
Author: Benn Steil
Publisher: Yale University Press
Total Pages: 301
Release: 2009-04-01
Genre: Business & Economics
ISBN: 0300156146

Winner of the 2010 Hayek Book Prize given by the Manhattan Institute "Money, Markets and Sovereignty is a surprisingly easy read, given the complicated issues covered. In it, Mr. Steil and Mr. Hinds consistently challenge today's statist nostrums."—Doug Bandow, The Washington Times In this keenly argued book, Benn Steil and Manuel Hinds offer the most powerful defense of economic liberalism since F. A. Hayek published The Road to Serfdom more than sixty years ago. The authors present a fascinating intellectual history of monetary nationalism from the ancient world to the present and explore why, in its modern incarnation, it represents the single greatest threat to globalization. Steil and Hinds describe the current state of international economic relations as both unusual and precarious. Eras of economic protectionism have historically coincided with monetary nationalism, while eras of liberal trade have been accompanied by a universal monetary standard. But today, the authors show, an unprecedentedly liberal global trade regime operates side by side with the most extreme doctrine of monetary nationalism ever contrived—a situation bound to trigger periodic crises. Steil and Hinds call for a revival of the political and economic thinking that underlay earlier great periods of globalization, thinking that is increasingly under threat by more recent ideas about what sovereignty means.