The Right Of Sovereignty
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The Right Of Sovereignty
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Author : Daniel Lee
language : en
Publisher: Oxford University Press
Release Date : 2021
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 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.
The Right Of Sovereignty
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Author : Daniel Lee
language : en
Publisher:
Release Date : 2021
The Right Of 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 2021 with Electronic books categories.
Examining the origins of the principle of sovereignty in the legal and political thought of Jean Bodin, this book explores his 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 Sovereignty Of Human Rights
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Author : Patrick Macklem
language : en
Publisher: Oxford University Press
Release Date : 2015-08-20
The Sovereignty Of Human Rights written by Patrick Macklem 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 2015-08-20 with Law categories.
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Sovereignty In The Exercise Of The Right To Self Determination
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Author : Jane A. Hofbauer
language : en
Publisher: BRILL
Release Date : 2016-11-03
Sovereignty In The Exercise Of The Right To Self Determination written by Jane A. Hofbauer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.
In Sovereignty in the Exercise of the Right to Self-Determination Jane Hofbauer explores to what extent (indigenous) peoples can be designated as sovereign entities through the exercise of different tiers of self-determination.
The Sovereignty Of Human Rights
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Author : Patrick Macklem
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Sovereignty Of Human Rights written by Patrick Macklem and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Natural Law And Civil Sovereignty
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Author : I. Hunter
language : en
Publisher: Springer
Release Date : 2002-06-19
Natural Law And Civil Sovereignty written by I. Hunter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-06-19 with Science categories.
In Natural Law and Civil Sovereignty new research by leading international scholars is brought to bear on a single crucial issue: the role of early modern natural law doctrines in reconstructing the relations between moral right and civil authority in the face of profound religious and political conflict. In addition to providing fresh insights into the hard-fought struggle to legitimate a desacralised civil order, the book also shows the degree to which the legitimacy of the modern secular state remains dependent on this decisive set of developments.
John Locke And The Theory Of Sovereignty
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Author : Julian H. Franklin
language : en
Publisher: Cambridge University Press
Release Date : 1978-03-30
John Locke And The Theory Of Sovereignty written by Julian H. Franklin 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 1978-03-30 with Political Science categories.
This volume is a sequel to the author's earlier work on the development of European theories of sovereignity and constitutionalism. Professor Franklin here explains a major innovation associated with the English Civil Wars. It was only now, he shows, that there finally emerged a theory of sovereignity and resistance that was fully compatible with a mixed constitution. The new conception of resistance in a mixed constitution was to enter the main tradition via Locke, who stood alone among major writers of the 1680s in holding that the effect of tyranny by any constituted power, even by the King alone, was entire dissolution of the government and the reversion of power to the general community. When this familiar position is read against the background of preceding constitutionalist theory, the Second Treatise reveals a new dimension of novelty and historical significance.
Self Determination
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Author : Patricia Carley
language : en
Publisher:
Release Date : 1996
Self Determination written by Patricia Carley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Boundary disputes categories.
Popular Sovereignty In Early Modern Constitutional Thought
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Author : Daniel Lee
language : en
Publisher: Oxford University Press
Release Date : 2016-02-18
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 2016-02-18 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.
Property And Sovereignty
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Author : Professor James Charles Smith
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2014-01-28
Property And Sovereignty written by Professor James Charles Smith and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-28 with Law categories.
This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.