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Sovereignty And Liberty

Author: Amnon Lev
Publisher: Routledge
ISBN: 1134583400
Size: 31.35 MB
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The attitude we take to power is almost invariably one of distrust, never more so than when it claims to be sovereign. And yet, we have always been drawn to sovereignty. Out of fear or fascination, we accepted that it was a condition of our liberty; that to assert ourselves as free, we would have to work not against but through sovereign power. This book retraces the history of the implication of sovereignty and liberty, an implication that has shaped the way we live together, as individuals and as political beings. Shedding new light on the work of key political and constitutional thinkers, including Marsilius of Padua, Hobbes, Hegel, Kelsen, and Schmitt, it identifies the conceptual operations that created sovereignty and shows how subjection to an absolute and undivided power came to be a source of meaning. At the heart of the analysis is the idea that sovereignty made reference to and relied upon a form of faith which aligned man’s political existence on law. Offering new and often controversial insights into the grounds of our attachment to sovereign power and into the crisis that is currently affecting its institutions, this book will appeal to students and scholars of law, politics, history of philosophy, and the social sciences.

The Long Decade

Author: David Jenkins
Publisher: Oxford University Press
ISBN: 0199368341
Size: 51.52 MB
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The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.

The Foundations Of Social Order

Author: R. J. Rushdoony
Publisher: Chalcedon Foundation
ISBN: 0875528910
Size: 59.37 MB
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"The Foundations of Social Order was, and remains, the most unique book ever written in the history of Christendom. Nothing like it has been written before, and nothing like it has been written since. Christian and non-Christian historians have generally agreed on at least one thing about creeds and history: they are not connected in any meaningful, comprehensive way. A few non-Christian historians-Harold Berman and his Law and Revolution being a good example-have mentioned that the Christian creeds have been instrumental in shaping the legal views and therefore the legal structure of the West. But a general study of how the creeds formed the West and its unique outlook has always been lacking; the reason being that both Christian and non-Christian authors are eager to constrain the significance of the creeds to the church and the history of theology. Even Philip Schaff in his three-volume work, The Creeds of Christendom, confines their value and use to the church. The view of the creeds has been dualistic; creeds were separated from history, and history was left to follow its own course, independent from the development of Christian theology and the perfection of the faith of the saints.

The Concept Of Liberty In The Age Of The American Revolution

Author: John Phillip Reid
Publisher: University of Chicago Press
ISBN: 9780226708966
Size: 47.93 MB
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"Liberty was the most cherished right possessed by English-speaking people in the eighteenth century. It was both an ideal for the guidance of governors and a standard with which to measure the constitutionality of government; both a cause of the American Revolution and a purpose for drafting the United States Constitution; both an inheritance from Great Britain and a reason republican common lawyers continued to study the law of England." As John Philip Reid goes on to make clear, "liberty" did not mean to the eighteenth-century mind what it means today. In the twentieth century, we take for granted certain rights—such as freedom of speech and freedom of the press—with which the state is forbidden to interfere. To the revolutionary generation, liberty was preserved by curbing its excesses. The concept of liberty taught not what the individual was free to do but what the rule of law permitted. Ultimately, liberty was law—the rule of law and the legalism of custom. The British constitution was the charter of liberty because it provided for the rule of law. Drawing on an impressive command of the original materials, Reid traces the eighteenth-century notion of liberty to its source in the English common law. He goes on to show how previously problematic arguments involving the related concepts of licentiousness, slavery, arbitrary power, and property can also be fit into the common-law tradition. Throughout, he focuses on what liberty meant to the people who commented on and attempted to influence public affairs on both sides of the Atlantic. He shows the depth of pride in liberty—English liberty—that pervaded the age, and he also shows the extent—unmatched in any other era or among any other people—to which liberty both guided and motivated political and constitutional action.

United States Hegemony And The Foundations Of International Law

Author: Michael Byers
Publisher: Cambridge University Press
ISBN: 9781139436632
Size: 21.88 MB
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Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.

The Foundations Of Sovereignty And Other Essays

Author: Harold Joseph Laski
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584773308
Size: 22.98 MB
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Laski, Harold J. The Foundations of Sovereignty and Other Essays. New York: Harcourt, Brace and Company, 1921. xi, 317 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044372. ISBN 1-58477-330-8. Cloth. $80. * This influential study develops aspects of his theory of the state, ideas he introduced in his first important publication, Authority in the Modern State (1919). According to Laski, the state is not a supreme entity, but is rather one association among many that must compete for the people's loyalty and obedience.

Social Contract Theory In American Jurisprudence

Author: Thomas R. Pope
Publisher: Routledge
ISBN: 1135935254
Size: 14.61 MB
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Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.

The Language Of Liberty 1660 1832

Author: J. C. D. Clark
Publisher: Cambridge University Press
ISBN: 9780521449571
Size: 35.70 MB
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This book creates a new framework for the political and intellectual relations between Britain and America in a momentous period that witnessed the formation of modern states on both sides of the Atlantic and the extinction of an Anglican, aristocratic and monarchical order. It stands as part of a project aimed at revising the map of early modern English-speaking societies, which includes Dr. Clark's previous books English Society, 1688SH1832 (1985) and Revolution and Rebellion (1986). This important revisionary study will be essential reading for historians, social scientists and students of literature of the period.

Foucault Freedom And Sovereignty

Author: Dr Sergei Prozorov
Publisher: Ashgate Publishing, Ltd.
ISBN: 140949585X
Size: 22.56 MB
Format: PDF
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Against the prevailing interpretations which disqualify a Foucauldian approach from the discourse of freedom, this study offers a novel concept of political freedom and posits freedom as the primary axiological motif of Foucault's writing. Based on a new interpretation of the relation of Foucault's approach to the problematic of sovereignty, Sergei Prozorov both reconstructs ontology of freedom in Foucault's textual corpus and outlines the modalities of its practice in the contemporary terrain of global governance. The book critically engages with the acclaimed post-Foucauldian theories of Giorgio Agamben and Antonio Negri, thereby restoring the controversial notion of the sovereign subject to the critical discourse on global politics. As a study in political thought, this book will be suitable for students and scholars interested in the problematic of political freedom, philosophy and global governance.