Popular Sovereignty In Early Modern Constitutional Thought


Popular Sovereignty In Early Modern Constitutional Thought
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Popular Sovereignty In Early Modern Constitutional Thought


Popular Sovereignty In Early Modern Constitutional Thought
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Author : Daniel Lee
language : en
Publisher: Oxford University Press
Release Date : 2016

Popular Sovereignty In Early Modern Constitutional Thought written by Daniel Lee and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.


Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as Francois Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.



Popular Sovereignty In Early Modern Constitutional Thought


Popular Sovereignty In Early Modern Constitutional Thought
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Author : Daniel Lee
language : en
Publisher: Oxford University Press
Release Date : 2016-02-19

Popular Sovereignty In Early Modern Constitutional Thought written by Daniel Lee and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-19 with Law categories.


Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.



The Right Of Sovereignty


The Right Of Sovereignty
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Author : Daniel Lee
language : en
Publisher: Oxford University Press
Release Date : 2021-08-31

The Right Of Sovereignty written by Daniel Lee and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Law categories.


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.



Popular Sovereignty In Historical Perspective


Popular Sovereignty In Historical Perspective
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Author : Richard Bourke
language : en
Publisher: Cambridge University Press
Release Date : 2016-03-24

Popular Sovereignty In Historical Perspective written by Richard Bourke and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-24 with History categories.


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



Civil Law And Civil Sovereignty


Civil Law And Civil Sovereignty
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Author : Daniel Lee
language : en
Publisher:
Release Date : 2010

Civil Law And Civil Sovereignty written by Daniel Lee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.




People Power


People Power
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Author : Robert G. Ingram
language : en
Publisher: Manchester University Press
Release Date : 2022-07-19

People Power written by Robert G. Ingram and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-19 with Political Science categories.


People power explores the history of the theory and practice of popular power. Western thinking about politics has two fundamental features: 1) popular power in practice is problematic and 2) nothing confers political legitimacy except popular sovereignty. This book explains how we got to our current default position, in which rule of, for and by the people is simultaneously a practical problem and a received truth of politics. The book asks readers to think about how appreciating that history shapes the way we think about the people’s power in the present. Drawn from the disciplines of history and political theory, the contributors to this volume engage in a mutually informing conversation about popular power. They conclude that the problems that first gave rise to popular sovereignty remain simultaneously compelling, unresolved and worthy of further attention.



Sovereignty In Action


Sovereignty In Action
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Author : Bas Leijssenaar
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-18

Sovereignty In Action written by Bas Leijssenaar and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-18 with History categories.


Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.



Popular Sovereignty And The Crisis Of German Constitutional Law


Popular Sovereignty And The Crisis Of German Constitutional Law
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Author : Peter C. Caldwell
language : en
Publisher: Duke University Press
Release Date : 1997

Popular Sovereignty And The Crisis Of German Constitutional Law written by Peter C. Caldwell and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with History categories.


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



Democracy And Anti Democracy In Early Modern England 1603 1689


Democracy And Anti Democracy In Early Modern England 1603 1689
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Author : Cesare Cuttica
language : en
Publisher: BRILL
Release Date : 2019-07-18

Democracy And Anti Democracy In Early Modern England 1603 1689 written by Cesare Cuttica and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-18 with History categories.


This volume offers a new and cross-disciplinary approach to the study of democratic ideas and practices in early modern England.



Nullification And Secession In Modern Constitutional Thought


Nullification And Secession In Modern Constitutional Thought
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Author : Sanford Levinson
language : en
Publisher: University Press of Kansas
Release Date : 2016-09-09

Nullification And Secession In Modern Constitutional Thought written by Sanford Levinson and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-09 with Political Science categories.


The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state's sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas's most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.