Law, Power, and the Sovereign State

Law, Power, and the Sovereign State
Author: Michael Ross Fowler
Publisher: Penn State Press
Total Pages: 220
Release: 2010-11-01
Genre: Political Science
ISBN: 9780271039114

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.

Leviathan

Leviathan
Author: Thomas Hobbes
Publisher: Courier Corporation
Total Pages: 418
Release: 2012-10-03
Genre: Philosophy
ISBN: 048612214X

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.

The Cambridge Foucault Lexicon

The Cambridge Foucault Lexicon
Author: Leonard Lawlor
Publisher: Cambridge University Press
Total Pages: 1318
Release: 2014-04-21
Genre: Philosophy
ISBN: 1139867067

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.

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.

We, the Sovereign

We, the Sovereign
Author: Gianpaolo Baiocchi
Publisher: John Wiley & Sons
Total Pages: 140
Release: 2018-08-28
Genre: Philosophy
ISBN: 1509521399

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.

Border Politics

Border Politics
Author: Nick Vaughan-Williams
Publisher: Edinburgh University Press
Total Pages: 208
Release: 2009-05-12
Genre: Political Science
ISBN: 0748640215

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.

The Sovereignty Wars

The Sovereignty Wars
Author: Stewart Patrick
Publisher: Brookings Institution Press
Total Pages: 229
Release: 2019-05-21
Genre: Political Science
ISBN: 0815737823

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.

The Principles of Constitutionalism

The Principles of Constitutionalism
Author: N. W. Barber
Publisher: Oxford University Press
Total Pages: 417
Release: 2018-07-25
Genre: Law
ISBN: 0192535684

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.

The Right of Sovereignty

The Right of Sovereignty
Author: Daniel Lee
Publisher: Oxford University Press
Total Pages: 296
Release: 2021-08-31
Genre: Law
ISBN: 0191072044

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.

Sovereignty in Post-Sovereign Society

Sovereignty in Post-Sovereign Society
Author: Jiří Přibáň
Publisher: Routledge
Total Pages: 284
Release: 2016-03-09
Genre: Law
ISBN: 1317052080

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.