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Sovereignty And Liberty

Author: Amnon Lev
Publisher: Routledge
ISBN: 1134583400
Size: 21.97 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: 35.46 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.

Constitutionalism And The Separation Of Powers

Author: M. J. C. Vile
Publisher:
ISBN: 9780865971752
Size: 63.22 MB
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Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.

Leviathan

Author: Thomas Hobbes
Publisher: First Avenue Editions
ISBN: 154151842X
Size: 76.83 MB
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During the upheaval of the English Civil War in the seventeenth century, political philosopher Thomas Hobbes composed his masterwork, Leviathan. It was first published in 1651, between the trial and execution of King Charles I and the creation of the Commonwealth of England under Oliver Cromwell. In his book, Hobbes argued that a strong and undivided central government was necessary to maintain societal order. By accepting the rule of a sovereign authority figure—which Hobbes called the "Leviathan" after the biblical sea monster—humans could avoid being ruled instead by self-interest and fear, and so escape humankind's natural state of war and violence. This is an unabridged version of Hobbes's most famous philosophical text, which established social contract theory and remained influential in political philosophy for centuries.

The Foundations Of Social Order

Author: R. J. Rushdoony
Publisher: Chalcedon Foundation
ISBN: 0875528910
Size: 21.58 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.

Foucault Freedom And Sovereignty

Author: Sergei Prozorov
Publisher: Routledge
ISBN: 1317133749
Size: 62.79 MB
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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.

The Foundations Of Sovereignty And Other Essays

Author: Harold Joseph Laski
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584773308
Size: 60.97 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.

United States Hegemony And The Foundations Of International Law

Author: Michael Byers
Publisher: Cambridge University Press
ISBN: 9781139436632
Size: 14.88 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.