The essays in this volume explore the theories and practices of sovereignty in the context of state-building in the early modern Northern and Southern Low Countries. The book approaches this historical debate from three angles: (1) political theoretical, (2) legal, and (3) politico-historical.
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is 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. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. 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 classical 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.
In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.
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 Francois 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.
The Company-State offers a political and intellectual history of the English East India Company in the century before its acquisition of territorial power. It argues the Company was no mere merchant, but a form of early modern, colonial state and sovereign that laid the foundations for the British Empire in India.
A thought-provoking reappraisal of the first European encounters with Africa As early as 1441, and well before other European countries encountered Africa, small Portuguese and Spanish trading vessels were plying the coast of West Africa, where they conducted business with African kingdoms that possessed significant territory and power. In the process, Iberians developed an understanding of Africa's political landscape in which they recognized specific sovereigns, plotted the extent and nature of their polities, and grouped subjects according to their ruler. In African Kings and Black Slaves, Herman L. Bennett mines the historical archives of Europe and Africa to reinterpret the first century of sustained African-European interaction. These encounters were not simple economic transactions. Rather, according to Bennett, they involved clashing understandings of diplomacy, sovereignty, and politics. Bennett unearths the ways in which Africa's kings required Iberian traders to participate in elaborate diplomatic rituals, establish treaties, and negotiate trade practices with autonomous territories. And he shows how Iberians based their interpretations of African sovereignty on medieval European political precepts grounded in Roman civil and canon law. In the eyes of Iberians, the extent to which Africa's polities conformed to these norms played a significant role in determining who was, and who was not, a sovereign people—a judgment that shaped who could legitimately be enslaved. Through an examination of early modern African-European encounters, African Kings and Black Slaves offers a reappraisal of the dominant depiction of these exchanges as being solely mediated through the slave trade and racial difference. By asking in what manner did Europeans and Africans configure sovereignty, polities, and subject status, Bennett offers a new depiction of the diasporic identities that had implications for slaves' experiences in the Americas.
This collection conceptualizes the question of rulership in past centuries, incorporating such diverse disciplines as archaeology, art history, history, literature and psychoanalysis to illustrate how kings and queens ruled in Europe from the antiquity to early modern times. It discusses forms of kingship such as client-kingship, monarchy, queen consort and regnant queenship that manifest gubernatorial power in concert with paternal succession and the divine right of the king. While the king assumes a religious dimension in his obligatory functions, justice and peace are vital elements to maintain his sovereignty. In sum, the active side of governmental power is to keep peace and order leading to prosperity for the subjects; the passive side of power is to protect the subjects from external attack and free them from fear. These concepts of power find concurrence in modern times as well as in non-European cultures. Through a truly cross-cultural, transnational, multidimensional, gender-conscious and interdisciplinary study, this collection offers a cutting edge account of how power has been exercised and demonstrated in various cultures of some bygone eras.
This collection of essays in honor of Professor A.J. Slavin deals with a topic of growing importance in early modern English history - the interplay between the state, the sovereign and society. Many of the most absorbing fields of current research and debate on both sides of the Atlantic are addressed, among them the role of administrative history, the problems of legal enforcement, and the relations between local and central government. By dealing with subjects as intriguing and diverse as Anne Boleyn's sexuality, witchcraft and sorcery, political corruption and fear of crime, State, Sovereigns and Society makes a significant and stimulating contribution to our understanding of the past and will appeal to scholars and all those interested in the interplay between constitutional and social history.