The Limits of Sovereignty
The Limits of Sovereignty

Author: Daniel W. Hamilton

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 240

ISBN-13: 0226314863

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Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.

The Limits of Neoliberalism
The Limits of Neoliberalism

Author: William Davies

Publisher: SAGE

Published: 2016-11-16

Total Pages: 249

ISBN-13: 152641161X

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Brilliant...explains how the rhetoric of competition has invaded almost every domain of our existence." —Evgeny Morozov, author of To Save Everything, Click Here" "In this fascinating book Davies inverts the conventional neoliberal practice of treating politics as if it were mere epiphenomenon of market theory, demonstrating that their version of economics is far better understood as the pursuit of politics by other means." —Professor Philip Mirowski, University of Notre Dame "A sparkling, original, and provocative analysis of neoliberalism. It offers a distinctive account of the diverse, sometimes contradictory, conventions and justifications that lend authority to the extension of the spirit of competitiveness to all spheres of social life...This book breaks new ground, offers new modes of critique, and points to post-neoliberal futures." —Professor Bob Jessop, University of Lancaster Since its intellectual inception in the 1930s and its political emergence in the 1970s, neo-liberalism has sought to disenchant politics by replacing it with economics. This agenda-setting text examines the efforts and failures of economic experts to make government and public life amenable to measurement, and to re-model society and state in terms of competition. In particular, it explores the practical use of economic techniques and conventions by policy-makers, politicians, regulators and judges and how these practices are being adapted to the perceived failings of the neoliberal model. By picking apart the defining contradiction that arises from the conflation of economics and politics, this book asks: to what extent can economics provide government legitimacy? Now with a new preface from the author and a foreword by Aditya Chakrabortty.

The Principles of Constitutionalism
The Principles of Constitutionalism

Author: N. W. Barber

Publisher: Oxford University Press

Published: 2018-07-25

Total Pages: 417

ISBN-13: 0192535684

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In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

State Sovereignty as Social Construct
State Sovereignty as Social Construct

Author: Thomas J. Biersteker

Publisher: Cambridge University Press

Published: 1996-05-02

Total Pages: 30

ISBN-13: 9780521562522

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State sovereignty is an inherently social construct. The modern state system is not based on some timeless principle of sovereignty, but on the production of a normative conception that links authority, territory, population, and recognition in a unique way, and in a particular place (the state). The unique contribution of this book is to describe and illustrate the practices that have produced various sovereign ideals and resistances to them. The contributors analyze how the components of state sovereignty are socially constructed and combined in specific historical contexts.

Sovereignty, RIP
Sovereignty, RIP

Author: Don Herzog

Publisher: Yale University Press

Published: 2020-04-14

Total Pages: 316

ISBN-13: 0300252870

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Has the concept of sovereignty outlived its usefulness? Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we’ve gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at idiotic complaints about the League of Nations, and much more—Don Herzog charts both the political struggles that forged sovereignty and the ones that undid it. He argues that it’s no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It’s time, past time, to retire sovereignty.

Border Politics
Border Politics

Author: Nick Vaughan-Williams

Publisher: Edinburgh University Press

Published: 2009-05-12

Total Pages: 208

ISBN-13: 0748640215

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Winner of the Gold Award, 2011 Past Presidents' Book Competition, Association of Borderlands Studies. This book, newly available in paperback, presents a distinctive theoretical approach to the problem of borders in the study of global politics. It turns from current debates about the presence or absence of borders between states to consider the possibility that the concept of the border of the state is being reconfigured in contemporary political life.The author uses critical resources found in poststructuralist thought to think in new ways about the relationship between borders, security and sovereign power, drawing on a range of thinkers including Agamben, Derrida and Foucault. He highlights the necessity of a more pluralized and radicalised view of what borders are and where they might be found and uses the problem of borders to critically explore the innovations and limits of poststructuralist scholarship.

Divided Sovereignty
Divided Sovereignty

Author: Carmen E. Pavel

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 241

ISBN-13: 0199376344

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An exploration of new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities.

Climate Change and Sovereignty
Climate Change and Sovereignty

Author: Joshua J. Kassner

Publisher: Springer

Published: 2022-05-07

Total Pages: 0

ISBN-13: 9783030735807

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This book offers a meditation on global justice and international political and legal theory. The author assesses positions in the current debate over the moral nature and limits of sovereignty. He also evaluates the normative role sovereignty ought to play in the practical deliberations of states. The discussion moves from theory to practice. Coverage starts with a conceptual analysis and moral critique. It then goes on to consider specific issues. These include global climate change, secession and self-determination, human rights, global distributive justice, and immigration. Readers will learn how states ought to deliberate about and respond to these important topics. They will also discover potential institutional structures better suited to resolving these issues while also respecting state sovereignty. In working through each specific challenge, the author provides insight into how we ought to think about challenges facing the international community and the potential for properly constructed institutions to function as solutions. These analyses also provide a valuable critical lens to assess the actions (and omissions) of our leaders. In the end, the book argues that domestic governments and regional bodies should be responsible for implementing the chosen course of action. This would provide a basis for holding political leaders more accountable.

Election Interference
Election Interference

Author: Jens David Ohlin

Publisher: Cambridge University Press

Published: 2020-07-16

Total Pages: 233

ISBN-13: 1108861326

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Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more “information operations,” a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation.

The Oxford Handbook of Global Policy and Transnational Administration
The Oxford Handbook of Global Policy and Transnational Administration

Author: Diane Stone

Publisher: Oxford University Press

Published: 2019-01-10

Total Pages: 869

ISBN-13: 019107635X

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Global policy making is unfurling in distinctive ways above traditional nation-state policy processes. New practices of transnational administration are emerging inside international organizations but also alongside the trans-governmental networks of regulators and inside global public private partnerships. Mainstream policy and public administration studies have tended to analyse the capacity of public sector hierarchies to globalize national policies. By contrast, this Handbook investigates new public spaces of transnational policy-making, the design and delivery of global public goods and services, and the interdependent roles of transnational administrators who move between business bodies, government agencies, international organizations, and professional associations. This Handbook is novel in taking the concepts and theories of public administration and policy studies to get inside the black box of global governance. Transnational administration is a multi-actor and multi-scalar endeavour having manifestations, depending on the policy issue or problems, at the local, urban, sub-regional, sub-national, regional, national, supranational, supra-regional, transnational, international, and global scales. These scales of 'local' and 'global' are not neatly bounded and nested spaces but are articulated together in complex patterns of policy activity. These transnational patterns represent a reinvigoration of public administration and policy studies as the Handbook authors advance their analysis beyond the methodological nationalism of the nation-state.