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Keywords: sovereignty
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Chapter
Introduction
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Katell Berthelot
Published: 26 October 2021
...This chapter emphasizes that the significance of the encounter between Israel and Rome extended well beyond political sovereignty. It provides a background on the Jewish sources dated to the late Hellenistic and Roman periods from the perspective of the history of ideas. It also shows...
Chapter
The State, Sovereignty, and Migration Policy
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Andrew S. Rosenberg
Published: 09 August 2022
...This chapter presents a historical account of the rise of the institution of state sovereignty and the modern nation-state. This account dispels the commonly held belief among most citizens and leaders of Western states that countries have an inalienable right and duty to restrict their borders...
Chapter
Published: 17 January 2023
...This chapter notes the end of colonization in correlation with modernization and the politics of decolonization. Colonization and decolonization are alternative pathways available to states to resolve conflicts over sovereignty. Economic development remains a powerful force for decolonization...
Chapter
Governing without Sovereignty
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Adam Mestyan
Published: 08 August 2023
...This chapter describes the legal history of the new form of domination which can be called “governing without sovereignty.” It begins by looking at the British occupation of the Ottoman khedivate of Egypt that began in 1882, which was one of the first experiments in governing without sovereignty...
Chapter
Published: 08 August 2023
... came to be called “Islamic popular sovereignty” in the second half of the twentieth century. Egypt British Hallaq Wael Kamil Husayn shari‘a apparatus post Ottoman Egypt Feldman Noah Krämer Gudrun Maghraoui Abdeslam March Andrew Scott Rachel spolia spoliation ‘Abd al Razzaq al Sanhuri Bakhit...
Chapter
Published: 08 August 2023
.... A new Saudi-led association of polities was to replace a sharifian confederation. For the early Saudi government, the legal sovereignty of the Kingdom of the Hijaz was crucial—for Islam, for international relations, and for economic contracts. The Hijaz's incorporation in 1932 into the Arab Saudi...
Chapter
The Temporal Life of States
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Natasha Wheatley
Published: 13 June 2023
... in the machine. The problems it faced—sovereign multiplicity and then sovereign mortality—strained law's production of abstraction: they drew attention to the leaps and fictions involved in theories of sovereignty and at the same time made those abstractions all the more critical. The ideas made there chased...
Book
State and Commonwealth: The Theory of the State in Early Modern England, 1549-1640
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Noah Dauber
Published online: 18 January 2018
Published in print: 16 August 2016
...In the history of political thought, the emergence of the modern state in early modern England has usually been treated as the development of an increasingly centralizing and expansive national sovereignty. Recent work in political and social history, however, has shown that the state—at court...
Chapter
On the Guilt of Fragile Sovereigns
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Christopher Tomlins
Published: 25 February 2020
... slavery suffrage Virginia Constitutional Convention College of William and Mary dialectical method identity Leigh Benjamin Watkins political economy Richmond Enquirer newspaper Wythe George Description of Greece Pausânias Du Bois W E B Pausânias fragile sovereigns sovereignty...
Chapter
The State without Sovereignty
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Paul Sagar
Published: 13 February 2018
...This chapter examines how David Hume developed a thoroughly anti-Hobbesian theory of politics, culminating in a theory of the state without sovereignty. Hume does not explain political obligation in terms of what rulers are justified in expecting from the ruled, by virtue of the particular kind...
Chapter
Published: 13 February 2018
... account of how opinion generated authority. It also describes Smith's views on sovereignty and the limits of philosophy. Hume David politics Rousseau Jean Jacques skepticism Smith Adam sympathy whig authority Mandeville Bernard Montesquieu opinion political theory benevolence Glasgow...
Chapter
Published: 24 March 2013
... was possible in the society to which Guizot often referred as “the new France”? Guizot was a proponent of elitist government and Tocqueville of subdued popular sovereignty. It is interesting to see how Tocqueville presented himself in the foreword to The Ancien Régime . What we...
Chapter
Moderation and the “Intertwining of Powers” Jacques Necker’s Constitutionalism
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Aurelian Craiutu
Published: 26 February 2012
... complex sovereignty, equality, and separation of powers. balance Boissy d’Anglas Cato the Younger independence intertwining of powers Louis XVI moderation morality Necker Joseph Old Regime principles realism Condorcet Marie Jean Antoine Nicolas de Caritat marquis de Estates General French...
Chapter
A Brief Semantic History of Securitas
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John T. Hamilton
Published: 05 May 2013
... position as a central topic in political philosophy in the work of Thomas Hobbes. Throughout, the affirmation of security as a good is fundamentally connected with the power of sovereignty to alleviate the cares and concerns of its subjects. The state emerges as an institution that protects its citizens...
Chapter
Published: 24 November 2013
...” is a fiction. More specifically, it challenges the idea, sometimes referred to as “popular sovereignty,” that the Constitution was or is legitimate because it was established by “We the People” or the “consent of the governed.” It argues that the fiction of “We the People” can prove dangerous in practice...
Chapter
Published: 24 November 2013
...This chapter argues that the Constitution must be interpreted according to its original meaning. This method of interpretation is commonly known as “originalism,” which is often seen as following from popular sovereignty. The chapter suggests that originalism is entailed by a commitment...
Book
Published online: 19 October 2017
Published in print: 24 November 2013
... the rights retained by the people. The book disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement...
Chapter
Restoring Four-Power Rights, Reviving a Confederation in 1989
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Mary Elise Sarotte
Published: 19 October 2014
... by powerful states, each retaining their own sociopolitical order and pursuing their own interests. Meanwhile, Kohl's revivalist model represented the revival, or adaptive reuse, of a confederation of German states. This latter-day “confederationism” blurred the lines of state sovereignty; each of the two...
Chapter
Reverse Engineering the Polity
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Adam T. Smith
Published: 07 July 2015
...This introductory chapter begins with a discussion of the conditions of sovereignty. It argues that sovereignty requires the continual reproduction of (at least) three conditions: (1) establishment of a coherent public defined by relations of inclusion and exclusion that are materially marked...
Chapter
Social Rules at the Foundations of Law
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Andrei Marmor
Published: 17 January 2011
... and sustained attempt to develop a detachment view of law and legal philosophy, and one that is thoroughly reductive. The chapter introduces another separation, or detachment, that Hart's theory attempted, and one that is less successful: the detachment of law from state sovereignty. The legal positivist...