Street-Level Sovereignty: The Intersection of Space and Law is a collection of scholarship that considers the experience of law that is subject to social interpretation for its meaning and importance within the constitutive legal framework of race, deviance, property, and the communal investiture in health and happiness. This book examines the intersection of spatiality and law, through the construction of place, and how law is materially framed.
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.
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.
In the early twenty-first century Bolivian social movements made streets, plazas, and highways into the decisively important spaces for acting politically, rivaling and at times exceeding voting booths and halls of government. The Sovereign Street documents this important period, showing how indigenous-led mass movements reconfigured the politics and racial order of Bolivia from 1999 to 2011. Drawing on interviews with protest participants, on-the-ground observation, and documentary research, activist and scholar Carwil Bjork-James provides an up-close history of the indigenous-led protests that changed Bolivia. At the heart of the study is a new approach to the interaction between protest actions and the parts of the urban landscape they claim. These “space-claiming protests” both communicate a message and exercise practical control over the city. Bjork-James interrogates both protest tactics—as experiences and as tools—and meaning-laden spaces, where meaning is part of the racial and political geography of the city. Taking the streets of Cochabamba, Sucre, and La Paz as its vantage point, The Sovereign Streetoffers a rare look at political revolution as it happens. It documents a critical period in Latin American history, when protests made headlines worldwide, where a generation of pro-globalization policies were called into question, and where the indigenous majority stepped into government power for the first time in five centuries.
This book explores how actors practise sovereignty as a force in a multiscalar context. Among the various power structures that perform sovereignty, such as the head of state, a legislative body, or the military, one aspect is clear: the practice of sovereignty relies upon people at multiple levels - better portrayed as scales - of authority. This book focuses on actors – the people who bring sovereignty to life, who imbue it with meaning, and who are ultimately responsible for its practice. With that perspective, the volume interprets various case studies, such as Russian approaches to sovereignty in its leadership and Central Bank, Scottish parties' discourses, and NATO command structures. Beyond those contexts, the work also examines Chinese digital platforms, criminal gangs in Latin America, Polish and Czech nationalist movements, want-to-be states in Kurdistan-Iraq and Abkhazia, and Polish video games – together, these examples demonstrate how actors practise sovereignty in unity with, but also in place of, the state. As proof of concept, the authors further examine how they, as researchers, also qualify as practitioners of sovereignty. In a concluding three-chapter section, they reflexively explore how research methods and disciplines of study actively shape sovereignty and how the latter defines the outer limits of scholarly research. This book will be of interest to students of statehood, sovereignty, discourse analysis, history, political science, sociology, and international relations.
Significant use has been made of the jurisprudence of the International Court of Justice because it is the principle judicial organ of the world's most universal international organization, the United Nations. Moreover, article 103 of the Charter of the United Nations makes the obligations in this treaty superior any other treaty obligations into which States may enter. The Dictionary of Public International Law contains a chronology, an introduction, glossary of Foreign Terms, tables of Treaties and Cases, an extensive bibliography, and an index. The dictionary section has over 400 cross-referenced entries on significant persons, important treaties and conventions, organizations and tribunals, and important cases and issues they have dealt with. This book is an excellent resource for students, researchers, and anyone wanting to know more about international law.
A reexamination of party history and a detailed exposition of party politics in Illinois argues that constitutional issues, not economic or social affiliations, were key to early party development.
What does the state do when public expectations exceed its governing capacity? The Performative State shows how the state can shape public perceptions and defuse crises through the theatrical deployment of language, symbols, and gestures of good governance—performative governance. Iza Ding unpacks the black box of street-level bureaucracy in China through ethnographic participation, in-depth interviews, and public opinion surveys. She demonstrates in vivid detail how China's environmental bureaucrats deal with intense public scrutiny over pollution when they lack the authority to actually improve the physical environment. They assuage public outrage by appearing responsive, benevolent, and humble. But performative governance is hard work. Environmental bureaucrats paradoxically work themselves to exhaustion even when they cannot effectively implement environmental policies. Instead of achieving "performance legitimacy" by delivering material improvements, the state can shape public opinion through the theatrical performance of goodwill and sincere effort. The Performative State also explains when performative governance fails at impressing its audience and when governance becomes less performative and more substantive. Ding focuses on Chinese evidence but her theory travels: comparisons with Vietnam and the United States show that all states, democratic and authoritarian alike, engage in performative governance.
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
