In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Sovereignty of Reason: The Defense of Rationality in the Early English Enlightenment by Frederick C. BeiserJohn W. YoltonFrederick C. Beiser. The Sovereignty of Reason: The Defense of Rationality in the Early English Enlightenment. Princeton: Princeton University Press, 1996. Pp. xi + 332. Cloth, $39.50.Beiser characterizes the methodology of his study as historical and philosophical: historical in placing texts in their own context and in uncovering (...) the intentions of their authors; philosophical in reconstructing and appraising arguments (ix). Both methods are necessary for good historical work. The second is often practiced without the first, to the detriment of philosophy and its history. “A philosopher who reconstructs arguments without the aid of history indulges in mere guesswork and anachronism, measuring the standards of philosophical relevance and importance by the concerns of his own age” (x). Equally, understanding the arguments and ideas of, e.g., seventeenth-century writers, “also involves testing their truth: seeing how they cohere with one another, what their consequences are, whether they follow from the evidence adduced for them, and if they reply to the objections made against them” (x). This splendid study of the role of reason in seventeenth-century religion, science, and philosophy is a fine example of careful textual-historical scholarship with rigorous philosophical analysis.The goal of his study is to tell “the story of how rationalism, in the very specific sense of the sovereignty of reason, arose in seventeenth-century England” (5). Starting with an introduction which discusses such topics as “The Paradox of the English Enlightenment,” “Rationalism in the English Church,” “The Enlightenment and the New Sciences,” Beiser proceeds to detailed presentations and discussions of “The Protestant Challenge” (Chap. 1); Richard Hookers’s defense of reason (Chap. 2); the views of the Great Tew Circle, e.g., Falkland, Chillingworth, Hammond, Hales (Chap. 3); the Cambridge Platonists (Chap. 4); the nature of Enthusiasm (Chap. 5); John Toland and Deism (Chap. 6); and ethical rationalism (Chap. 7).Many of the topics covered have been the subjects of other books and articles. What marks Beiser’s account is the freshness of his approach, the many new insights and suggestions about the tensions between the holders of traditional doctrines and newer challenges. Beiser’s writing is clear, and the issues are carefully presented and analyzed. One of the central themes is the mistake of equating “rationalism with the critique or rejection of religion” (15), of identifying enlightenment with secularization (14). The appeals to reason often emerge from within orthodox religion, whose defenders were trying to cope with their own internal tensions. “Once we consider the Cambridge Platonists’ early reaction to predestination, it becomes clear that it was not Hobbes but Calvin who first posed the danger of atheism for them. For it was Calvin’s theology, and not Hobbes’s materialism, that inspired the fear of God that [End Page 138] they regarded as the source of atheism. In the eyes of the Cambridge Platonists, Hobbes’s materialism was only a false remedy for that fear...” (147). A similar point is made later: “the foundations of a rational theology” in Whichcote “did not arise from any need to combat a creeping Hobbesianism. Rather, it grew up from the inner struggles and torments of the Protestant soul” (165).Equally significant is Beiser’s analysis of enthusiasm, the appeals to divine inspiration rather than to reason or evidence: “We should be aware of accepting the contemporary caricature of the enthusiasts, which portrayed them as zealous and ignorant anti–intellectuals with no cogent or coherent philosophical position of their own” (187). His analysis of the enthusiasts stresses the epistemological nature of their position, rather than the usual theological, ethical, or political dimensions (193). He insists that “enthusiasm is essentially a philosophical concept. Historically, it arose as a response to the problem of the sources and criteria of religious knowledge” (187). The search for criteria is a pervasive feature of Beiser’s study: Luther’s and Calvin’s efforts to draw the boundary between faith and reason (24); Richard Hooker’s failure to “provide an epistemological foundation for his theory of natural law” (67); the need for a criterion to distinguish genuine from false revelation... (shrink)

The idea of perfection.--On God and Good.--The sovereignty of good over other concepts.

Concentrating on the Qingdao Observatory, this paper will explore the role of scientific facility in asserting China’s sovereignty during the first half of the twentieth century. Although scholars have explained the efforts of China’s internationalization in diplomacy through the perspectives of politics, economics and culture, they have not paid attention to science. Therefore, this paper aims to shed some light on how scientific issues were solved via diplomacy during the Republic of China, while further asserting that the focus in (...) negotiations was not confined to science itself, but rather to sovereignty within a scientific context. In this process, the meaning of sovereignty has also been expanded basing on the improvement of nation’s scientific capability. Besides, the participation of different actors involved in sovereignty assertion is investigated by this paper. Although the diplomatic negotiation was held at the international level, the local government and scientific community were main promoters in this case, which calls for attention on the various subjects in sovereignty issue. Consequently, this paper argues that Asian countries, such as Republic of China, could also employ science as a means to negotiate with foreign powers and claim their due rights. (shrink)

Iris Murdoch was one of the great philosophers and novelists of the twentieth century and The Sovereignty of Good is her most important and enduring philosophical work. She argues that philosophy has focused, mistakenly, on what it is right to do rather than good to be and that only by restoring the notion of ‘vision’ to moral thinking can this distortion be corrected. This brilliant work shows why Iris Murdoch remains essential reading: a vivid and uncompromising style, a commitment (...) to forceful argument, and a courage to go against the grain. With a foreword by Mary Midgley. (shrink)

This important new book by one of the world's leading political theorists boldly questions the moral justification for organizing our world as a territorial states-system and proposes major changes to states' sovereign powers.

Iris Murdoch was one of the great philosophers and novelists of the twentieth century and The Sovereignty of Good is her most important and enduring philosophical work. She argues that philosophy has focused, mistakenly, on what it is right to do rather than good to be and that only by restoring the notion of ‘vision’ to moral thinking can this distortion be corrected. This brilliant work shows why Iris Murdoch remains essential reading: a vivid and uncompromising style, a commitment (...) to forceful argument, and a courage to go against the grain. With a foreword by Mary Midgley. (shrink)

Does sovereignty have a future in the 21st century? Through a sustained engagement with the work of the Italian philosopher Giorgio Agamben, and against the background of contemporary political phenomena, Arne De Boever explores what positive political possibilities the notion of sovereignty might still hold. Using the philosophy of Catherine Malabou, he argues that these possibilities reside in an aesthetic reconceptualisation of sovereignty as a plastic power that is able to give, receive and explode the forms of (...) our political future. (shrink)

The popularity of ‘food sovereignty’ to cover a range of positions, interventions, and struggles within the food system is testament, above all, to the term’s adaptability. Food sovereignty is centrally, though not exclusively, about groups of people making their own decisions about the food system—it is a way of talking about a theoretically-informed food systems practice. Since people are different, we should expect decisions about food sovereignty to be different in different contexts, albeit consonant with a core (...) set of principles (including women’s rights, a shared opposition to genetically modified crops, and a demand for agriculture to be removed from current international trade agreements). In this paper we look at the analytical points of friction in applying ideas of food sovereignty within the context of Indigenous struggles in North America. This, we argue, helps to clarify one of the central themes in food sovereignty: that it is a continuation of anti-colonial struggles, even in post-colonial contexts. Such an examination has dividends both for scholars of food sovereignty and for those of Indigenous politics: by helping to problematize notions of food sovereignty and postcoloniality, but also by posing pointed questions around gender for Indigenous struggles. (shrink)

Dimitris Vardoulakis asks how it is possible to think of a politics that is not commensurate with sovereignty. For such a politics, he argues, sovereignty is defined not in terms of the exception but as the different ways in which violence is justified. Vardoulakis shows how it is possible to deconstruct the various justifications of violence. Such dejustifications can take place only by presupposing an other to sovereignty, which Vardoulakis identifies with agonistic democracy. In doing so, (...) class='Hi'>Sovereignty and Its Other puts forward both a novel critique of sovereignty and an original philosophical theory of democratic practice. (shrink)

Food Sovereignty is a vibrant discourse in academic and activist circles, yet despite the many shared characteristics between issues surrounding food and public health, the two are often analysed in separate frameworks and the insights from Food Sovereignty are not sufficiently brought to bear on the problems in the public health discourse. In this paper, I will introduce the concept of 'self-organised community viability' as a way to link food and health, and to argue that what I call (...) the 'Health Security' paradigm requires a 'Health Sovereignty' response modelled on Food Sovereignty. (shrink)

Iris Murdoch once observed: 'philosophy is often a matter of finding occasions on which to say the obvious'. What was obvious to Murdoch, and to all those who read her work, is that Good transcends everything - even God. Throughout her distinguished and prolific writing career, she explored questions of Good and Bad, myth and morality. The framework for Murdoch's questions - and her own conclusions - can be found here.

Iris Murdoch once observed: 'philosophy is often a matter of finding occasions on which to say the obvious'. What was obvious to Murdoch, and to all those who read her work, is that Good transcends everything - even God. Throughout her distinguished and prolific writing career, she explored questions of Good and Bad, myth and morality. The framework for Murdoch's questions - and her own conclusions - can be found here.

18 November 2019CH: Thank you for agreeing to do this. The prompt for the interview was to talk about your recently published book, Territorial Sovereignty, but I thought before we got into that you could say something about your earlier work and how that led you to be interested in this particular project that you deal with in the book.

Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps 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. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this (...) book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. 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 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. (shrink)

This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the state, about the character of the UK as a state, and about the juridical character of the European Union.

Self-sovereign identity solutions implemented on the basis of blockchain technology are seen as alternatives to existing digital identification systems, or even as a foundation of standards for the new global infrastructures for identity management systems. It is argued that ‘self-sovereignty' in this context can be understood as the concept of individual control over identity relevant private data, capacity to choose where such data is stored, and the ability to provide it to those who need to validate it. It is (...) also argued that while it might be appealing to operationalise the concept of ‘self-sovereignty’ in a narrow technical sense, depreciation of moral semantics obscures key challenges and long-term repercussions. Closer attention to the normative substance of the ‘sovereignty’ concept helps to highlight a range of ethical issues pertaining to the changing nature of human identity in the context of ubiquitous private data collection. (shrink)

This article holds that governmental investments in quantum technologies speak to the imaginable futures of digital sovereignty and digital infrastructures, two major areas of change driven by related technologies like AI and Big Data, among other things, in international law today. Under intense development today for future interpolation into digital systems that they may alter, quantum technologies occupy a sort of liminal position, rooted in existing assemblages of computational technologies while pointing to new horizons for them. The possibilities they (...) raise are neither certain nor determinate, but active investments in them (legal, political and material investments) offer perspective on digital technology-driven influences on an international legal imagination. In contributing to visions of the future that are guiding ambitions for digital sovereignty and digital infrastructures, quantum technologies condition digital technology-driven changes to international law and legal imagination in the present. Privileging observation and description, I adapt and utilize a diffractive method with the aim to discern what emerges out of the interference among the several related things assembled for this article, including material technologies and legal institutions. In conclusion, I observe ambivalent changes to an international legal imagination, changes which promise transformation but appear nonetheless to reproduce current distributions of power and resources. (shrink)

The Sovereignty of Reason is a survey of the rule of faith controversy in seventeenth-century England. It examines the arguments by which reason eventually became the sovereign standard of truth in religion and politics, and how it triumphed over its rivals: Scripture, inspiration, and apostolic tradition. Frederick Beiser argues that the main threat to the authority of reason in seventeenth-century England came not only from dissident groups but chiefly from the Protestant theology of the Church of England. The triumph (...) of reason was the result of a new theology rather than the development of natural philosophy, which upheld the orthodox Protestant dualism between the heavenly and earthly. Rationalism arose from a break with the traditional Protestant answers to problems of salvation, ecclesiastical polity, and the true faith. Although the early English rationalists were not able to defend all their claims on behalf of reason, they developed a moral and pragmatic defense of reason that is still of interest today. Beiser's book is a detailed examination of some neglected figures of early modern philosophy, who were crucial in the development of modern rationalism. There are chapters devoted to Richard Hooker, the Great Tew Circle, the Cambridge Platonists, the early ethical rationalists, and the free-thinkers John Toland and Anthony Collins. (shrink)

Through fourteen original essays, the book seeks to understand the viability of the notion of sovereignty in a globalized world, thus taking into account the inclusion of a language of rights, limitation and legitimacy. It examines sovereignty using a normative approach.

The notion of sovereignty plays an important part in various areas of law, such as constitutional law and international public law. Though the concept of sovereignty as applied in constitutional law differs from that used in international public law, there is no true consensus on the meaning of “sovereignty” within these respective fields, either. Is sovereignty about factual power, or only about legal equality? Do only democracies have sovereignty, because they have legitimacy, or is there (...) no connection between democracy, legitimacy and sovereignty? Has the European Union encroached upon the sovereignty of the Member States, or is transferring competences to the European Union an expression and exercise of the very sovereignty some claim is under attack? Is it about states, or is it about peoples having a right to self-determination, and if the latter, does this represent popular sovereignty or something else? In order to answer these and related questions, we need a clear grasp of what “sovereignty” means. This book provides an analytical and conceptual framework for “sovereignty” in the context of law. The book does not seek to describe how the term “sovereignty” is used in the different contexts and discourses in which it is employed, but rather distinguishes between two possible meanings of sovereignty that allow the reader to use the term with specificity and clarity. In this way, this book hopes to offer valuable analytical tools for politicians, constitutional and international lawyers and legal theorists that help them be clear about what they mean when they speak of “sovereignty.”. (shrink)

Sovereignty in premodern times evoked the dynastic figure of the 'sovereign' or territorial monarch. In modern times, it became a more abstract idea, referring to the power of the state, later of the people or 'the popular sovereign' as articulated and refined through constitutional arrangements. Today these inherited understandings of sovereignty confront various new challenges, including those of globalization, privatization of power, and the rise of sub-state nationalism. An examination of key historical writers and trends from the seventeenth (...) century onwards, including Hobbes, Bodin, Constant, Rousseau and Schmitt, brings out these developments and challenges. Sovereignty remains a malleable and 'active' feature of the global configuration of power. Will sovereignty become a redundant concept over time, or will it remain a key part of the grammar of modern politics? (shrink)

I will outline four justifications of regional ecological obligations calling for different political authorities to collaborate for ecological reasons: through voluntary agreement between political entities united by an ecological region; by a shared regional history or cultural relations to an ecological region; with reference to ‘place-based’ duties with an ecological basis; or by obligations to an extended set of individual right-holders. None are conclusive reasons but show that there are normative grounds for regional collaboration of separate political authorities. The article (...) contributes to discussion on, despite its practical relevance, a much neglected concept in political philosophy. (shrink)

For Guizot, legal sovereignty is a divine, absolute prerogative precluded from mankind. The best possible form of government is that based upon a representative system, since such a system continuosly shifts the attibution of power from one subject to another. Guizot's analysis, which also denies the modern democratic principle of the sovereignty of the will of the people, examines certain aspects common to all representative systems, such as the relationship between the elected and the electorate and between the (...) majority and the minority, independently of the extension of suffrage. In particular, Guizot examines the relationship between public opinion and the common interest in an optic which is beyond his time and proves to be very appropriate today. He consideres the common interest to be a virtual and hypothetical component of the representative relationship, pre-eminent as regards the indications ascertained through the majority vote. (shrink)

Addressing the three dominant contemporary attitudes towards sovereignty - Sovereignty Renewed; Sovereignty Rethought; Sovereignty Rejected - After Sovereignty ...

This article explores the tensions between cosmopolitanism and sovereignty as a means to conceptualize the ethics of European foreign policy. It starts by discussing the claim that, in order for the EU to play a meaningful role as an international actor, a definition of the common ethical values orienting its political conduct is required. The question of a European federation of states and its ethical conceptualization emerges clearly in some of the philosophical writings of the 17th and 18th centuries. (...) I seek to provide an outline of the main arguments presented by authors such as Saint Pierre, Rousseau and Kant regarding the implications of the emerging difference between cosmopolitanism and the law of nations in the ethics of international relations. The article focuses on the normative significance of the concept of sovereignty as it emerges in modern political philosophy and highlights its tensions with the ideas of moral and political cosmopolitanism. This exploration serves a double function: theoretical and practical. From the theoretical perspective it leads to a better understanding of the tensions involved in conceptualizing a common ethical orientation for the states of Europe. From the practical standpoint it sheds light on some persistent difficulties the European Union faces in trying to move beyond an intergovernmental political arrangement in the field of foreign policy. (shrink)

This article explores the question of the efficacy of state-level food sovereignty projects for democratizing local control over food systems by examining the case of Nicaragua, where the Ortega administration adopted food sovereignty into policy. The main task of food sovereignty is to transform the power relations that govern food systems. This article builds on the previous work of food sovereignty scholars by arguing that devolving power to local territories is necessary but insufficient for deepening democracy, (...) and rather must be coupled with broader transformations in state-society relations. In particular, it argues that how power is exercised in different sites and scales of decision-making is critical for gauging the extent to which local democratic control of food systems is realized. This study examines the implementation of two models of food governance that emerged in Nicaragua in the years immediately following Ortega’s election in 2007. It finds that while the two models created opportunities to deepen democracy, the state’s lack of support for autonomous citizen mobilization and their attempts to co-opt spaces for participatory democratic governance have strongly contributed to the failure of these mechanisms to enhance local control over food systems. (shrink)

Social movements are using education to generate critical consciousness regarding the social and environmental unsustainability of the current food system, and advocate for agroecological production. In this article, we explore results from a cross-case analysis of six social movements that are using education as a strategy to advance food sovereignty. We conducted participatory research with diverse rural and urban social movements in the United States, Brazil, Cuba, Bolivia, and Mexico, which are each educating for food sovereignty. We synthesize (...) insights from critical food systems education and the political ecology of education in analyzing these cases. We compare the thematic similarities and difference between these movements’ education initiatives in terms of their emergence, initial goals, expansion and institutionalization, relationship to the state, theoretical inspirations, pedagogical approach, educational topics, approach to student research, and outcomes. Among these thematic areas, we find that student-centered research on competing forms of production is an integral way to advance critical consciousness about the food system and the political potential of agroecological alternatives. However, what counts, as success in these programs, is highly case-dependent. For engaged scholars committed to advancing education for food sovereignty, it is essential to reflect upon the lessons learned and challenges faced by these movements. (shrink)

Although the concept of food sovereignty is rooted in International Peasant Movements across the global south, activists have recently called for the adoption of this framework among low-income communities of color in the urban United States. This paper investigates on-the-ground processes through which food sovereignty articulates with the work of food justice and community food security activists in Oakland, California, and Seattle, Washington. In Oakland, we analyze a farmers market that seeks to connect black farmers to low-income consumers. (...) In Seattle, we attend to the experiences of displaced immigrant farmers from Latin America and their efforts to address their food needs following migration. In both cases, we find that US based projects were constrained by broader forces of neoliberalism that remained unrecognized by local activists. In Oakland, despite a desire to create a local food system led by marginalized African Americans, emphasis on providing green jobs in agriculture led activists to take a market-based approach that kept local food out of the economic grasp of food-insecure neighborhood residents. In Seattle, the marginalization of the immense agroecological knowledge of Latino/an immigrant farmers rendered local food projects less inclusive and capable of transformative change. Taken together, these very different cases suggest that a shift towards food sovereignty necessitates a broad acknowledgement of and resistance to neoliberalism. (shrink)

Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.

Digital sovereignty, and the question of who ultimately controls AI seems, at first glance, to be an issue that concerns only specialists, politicians and corporate entities. And yet the fight for who will win digital sovereignty has far-reaching societal implications. Drawing on five case studies, the paper argues that digital sovereignty affects everyone, whether digital users or not, and makes the case for a hybrid system of control which has the potential to offer full democratic legitimacy as (...) well as innovative flexibility. (shrink)

Modern sovereignty is anthropocentric, constituted and organized by reference to human beings alone. Although a metaphysical assumption, anthropocentrism is of immense practical import, enabling modern states to command loyalty and resources from their subjects in pursuit of political projects. It has limits, however, which are brought clearly into view by the authoritative taboo on taking UFOs seriously. UFOs have never been systematically investigated by science or the state, because it is assumed to be known that none are extraterrestrial. Yet (...) in fact this is not known, which makes the UFO taboo puzzling given the ET possibility. Drawing on the work of Giorgio Agamben, Michel Foucault, and Jacques Derrida, the puzzle is explained by the functional imperatives of anthropocentric sovereignty, which cannot decide a UFO exception to anthropocentrism while preserving the ability to make such a decision. The UFO can be "known" only by not asking what it is. (shrink)

This book asks whether sovereignty can guarantee international equality by exploring the discourses of sovereignty and their reliance on the notions of civilisation and savagery in two historical colonial encounters: the French explorations of Canada in the 16th century and the domestic troubles linked to the Wars of Religion. Presenting the concept of 'civilised sovereignty', Mathieu reveals the interplay between the domestic and external claims to sovereignty, and offers a dynamic analysis of the theory and practice (...) of the concept. Based on extensive archival research, this book provides an in-depth intellectual picture of the theory and practice of sovereignty in early modern France by focusing on the discourses deployed by French political theorists. Mathieu applies performativity in order to denaturalise these discourses of statehood and reveals how the domestic and international constructions of sovereignty feed into one another and equally rely on appeals to civilisation and savagery. Overall, the book questions the 'myth of sovereignty as equality' and reflects on the persistence of this association despite the overwhelming empirical evidence that it institutes international hierarchies and inequalities. (shrink)

Local food initiatives are steadily becoming a part of contemporary cities around the world and can take on many forms. While some of these initiatives are concerned with providing consumers with farm-fresh produce, a growing portion are concerned with increasing the food sovereignty of marginalized urban communities. This chapter provides an analysis of urban contexts with the aim of identifying conceptual barriers that may act as roadblocks to achieving food sovereignty in cities. Specifically, this paper argues that taken (...) for granted commitments created during the birth of the modern city could act as conceptual barriers for the implementation of food sovereignty programs and that urban food activists and programs that challenge these barriers are helping to achieve the goal of restoring food sovereignty to local communities, no matter their reasons for doing so. At the very least, understanding the complexities of these barriers and how they operate helps to strengthen ties between urban food projects, provides these initiatives with ways to undermine common arguments used to support restrictive ordinances and policies, and illustrates the transformative potential of food sovereignty movements. (shrink)

The Sovereignty of Law presents Trevor Allan's most recent and fully elaborated defence of common law constitutionalism - an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, defining what in the British context are the requirements of the rule of law. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles.

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. (shrink)

Movements like the Arab Spring, Occupy Wall Street, and the Tea Party embody some of our deepest intuitions about popular politics and 'the power of the people'. They also expose tensions and shortcomings in our understanding of these ideals. We typically see 'the people' as having a special, sovereign power. Despite the centrality of this idea in our thinking, we have little understanding of why it has such importance. Imagined Sovereignties probes the considerable force that 'the people' exercises on our (...) thought and practice. Like the imagined communities described by Benedict Anderson, popular politics is formed around shared, imaginary constructs rooted in our collective imagination. This book investigates these 'imagined sovereignties' in a genealogy traversing the French Enlightenment, the Haitian Revolution, and nineteenth-century Haitian constitutionalism. It problematizes taken-for-granted ideas about popular politics and provokes new ways of imagining the power of the people. (shrink)

The originality of Foucault’s work lies in part in how he reverses the question of power, asking not how power is held and imposed, but how it is produced. In both his discussion of sovereignty and governmentality, though, Foucault skips over the res publica; a form of political organization that fits neither Foucault’s characterization of sovereignty nor the care of the self. I extend Foucault’s discussion to identify a ratio of government around the discipline of ownership by which (...) the res publica was made intelligible, its relations understood, and its logic organized. I end by suggesting some implications for neo-Roman interpretations of liberty as non-domination. (shrink)

The doctrine of parliamentary sovereignty of the United Kingdom parliament is often presented as a unique legal arrangement, one without parallel in comparative constitutional law. By giving unconditional power to the Westminster parliament, it appears to rule out any comparison between the Westminster Parliament and the United States Congress or the German Bundestag, whose powers are limited by their respective constitutions. Parliament in the UK appears to determine the law unconditionally and without limit. Nevertheless, a fuller understanding of parliamentary (...) sovereignty as a legal and constitutional doctrine shows that this first impression is false. The nature of the British unwritten constitutional order is entirely similar to the written one prevailing in the United States or Germany. This is because the doctrine of parliamentary sovereignty, contrary to Dicey’s classic view, does not consist in a single dominant idea but in a number of related and mutually supporting principles that constitute higher law. The way in which these principles interact is parallel to the interaction of the main clauses of the United States Constitution or the German Basic Law. This analysis shows that the constitution, written or unwritten, never requires a ‘pouvoir constituent’. The constitution emerges from the law as the result of moral and political principles that breathe life into our public institutions. (shrink)

Hobbes, in his political writing, is generally understood to be arguing for absolutism. I argue that despite apparently supporting absolutism, Hobbes, in Leviathan, also undermines that absolutism in at least two and possibly three ways. First, he makes sovereignty conditional upon the sovereign’s ability to ensure the safety of the people. Second and crucially, he argues that subjects have inalienable rights, rights that are held even against the sovereign. When the subjects’ preservation is threatened they are no longer obliged (...) to obey the sovereign. Third, there is also a possible limitation on the absolute power of the sovereign in the form of restrictions Hobbes puts in place on what laws he may legitimately make. Finally, Hobbesian absolutism is compared to the absolutism of Carl Schmitt. This exercise demonstrates the limitations that Hobbes places on the power and authority of the sovereign. (shrink)

I am skeptical of our ability to predict, or even forecast, the future—of human rights or any other important social practice. Nonetheless, an understanding of the paths that have brought us to where we are today can facilitate thinking about the future. Thus, I approach the topic by examining the reshaping of international ideas and practices of state sovereignty and human rights since the end of World War II. I argue that in the initial decades after the war, international (...) society constructed an absolutist conception of exclusive territorial jurisdiction that was fundamentally antagonistic to international human rights. At the same time, though, human rights were for the first time included among the fundamental norms of international society. And over the past two decades, dominant understandings of sovereignty have become less absolutist and more human rights–friendly, a trend that I suggest is likely to continue to develop, modestly, in the coming years. (shrink)