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Author: Claire Oakes Finkelstein
Publisher:
ISBN: 0190922540
Category : Law
Languages : en
Pages : 377
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Book Description
The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, constitutional scholars, historians, and philosophers. This volume will contribute to the public conversation on the nature of executive authority and its relation to the broader topic of sovereignty in several ways. First, readers will learn that the current vital questions surrounding the nature of executive authority and presidential power have their intellectual roots in historical and philosophical writings about the nature of sovereignty. Second, sovereignty has historically been a complicated topic; this volume helps identify the terms of the debate. Third, and most critically, citizens' understanding of the concept of sovereignty is essential to grasping the available options for confronting current challenges to the rule of law in democratic societies. The volume's 15 essays, drawn from among the disciplines of law, political, science, philosophy, and international relations, covers an expansive series of topics, from historical theories and international affairs, to governmental transparency and legitimacy. The volume also focuses on the changes in the concept of sovereignty post-9/11 in the United States and their impact on democracy and the rule of law, particularly in the area of national security practice.
Author: Claire Oakes Finkelstein
Publisher:
ISBN: 0190922540
Category : Law
Languages : en
Pages : 377
Get Book Here
Book Description
The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, constitutional scholars, historians, and philosophers. This volume will contribute to the public conversation on the nature of executive authority and its relation to the broader topic of sovereignty in several ways. First, readers will learn that the current vital questions surrounding the nature of executive authority and presidential power have their intellectual roots in historical and philosophical writings about the nature of sovereignty. Second, sovereignty has historically been a complicated topic; this volume helps identify the terms of the debate. Third, and most critically, citizens' understanding of the concept of sovereignty is essential to grasping the available options for confronting current challenges to the rule of law in democratic societies. The volume's 15 essays, drawn from among the disciplines of law, political, science, philosophy, and international relations, covers an expansive series of topics, from historical theories and international affairs, to governmental transparency and legitimacy. The volume also focuses on the changes in the concept of sovereignty post-9/11 in the United States and their impact on democracy and the rule of law, particularly in the area of national security practice.
Author:
Publisher:
ISBN: 9780190922573
Category : Executive power
Languages : en
Pages :
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Book Description
This volume explores moral and legal issues relating to the concept of sovereignty across four areas. The essays in Part I address foundational questions about the nature of sovereignty and seek to trace the ways in which the traditional concept of sovereignty laid the foundation for the modern conception of executive authority. The essays in Part II examine the tension between the executive's duty to act expeditiously for the public interest and the executive's duty to gain citizens' consent for his or her actions.
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
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Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author: Stewart Patrick
Publisher: Brookings Institution Press
ISBN: 0815737823
Category : Political Science
Languages : en
Pages : 229
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Book Description
Now in paperback—with a new preface by the author Americans have long been protective of the country's sovereignty—all the way back to George Washington who, when retiring as president, admonished his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced periodic, often heated, debates about how to maintain that sovereignty, and whether and when it is appropriate to cede some of it in the form of treaties and the alliances about which Washington warned. As the 2016 election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily high-jacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation's fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.
Author: Henry Sidgwick
Publisher: Cambridge University Press
ISBN: 1108043933
Category : Law
Languages : en
Pages : 671
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Book Description
An examination of theoretical and practical aspects of governance, published in 1891 by one of Britain's leading political philosophers.
Author: Daniel Loick
Publisher: Rowman & Littlefield
ISBN: 1786600404
Category : Philosophy
Languages : en
Pages : 279
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Book Description
In this important new book, Daniel Loick argues that in order to become sensible to the violence imbedded in our political routines, philosophy must question the current forms of political community – the ways in which it organizes and executes its decisions, in which it creates and interprets its laws – much more radically than before. It must become a critical theory of sovereignty and in doing so eliminate coercion from the law. The book opens with a historical reconstruction of the concept of sovereignty in Bodin, Hobbes, Rousseau, and Kant. Loick applies Adorno and Horkheimer’s notion of a ‘dialectic of Enlightenment’ to the political sphere, demonstrating that whenever humanity deemed itself progressing from chaos and despotism, it at the same time prolonged exactly the violent forms of interaction it wanted to rid itself from. He goes on to assemble critical theories of sovereignty, using Walter Benjamin’s distinction between ‘law-positing’ and ‘law-preserving’ violence as a terminological source, engaging with Marx, Arendt, Foucault, Agamben and Derrida, and adding several other dimensions of violence in order to draw a more complete picture. Finally, Loick proposes the idea of non-coercive law as a consequence of a critical theory of sovereignty. The translation of this work was funded by Geisteswissenschaften International – Translation Funding for Humanities and Social Sciences from Germany, a joint initiative of the Fritz Thyssen Foundation, the German Federal Foreign Office, the collecting society VG WORT and the Börsenverein des Deutschen Buchhandels (German Publisher & Booksellers Association)
Author: Mark Tushnet
Publisher: Cambridge University Press
ISBN: 1107068959
Category : Law
Languages : en
Pages : 415
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Book Description
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author: T.R.S. Allan
Publisher: Oxford University Press, USA
ISBN: 0199685061
Category : Law
Languages : en
Pages : 370
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Book Description
An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.
Author: Stephen D. Krasner
Publisher: Routledge
ISBN: 1135974772
Category : Business & Economics
Languages : en
Pages : 327
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Book Description
Stephen Krasner has been one of the most influential theorists within international relations and international political economy over the past few decades. This book is a collection of his key academic work as well as a meditation on his time in office.
Author: Mark D. Walters
Publisher: Cambridge University Press
ISBN: 1107028477
Category : Biography & Autobiography
Languages : en
Pages : 479
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Book Description
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
