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Popular Sovereignty in Early Modern Constitutional Thought (Oxford Constitutional Theory)

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en Limba Engleză Paperback – 16 Aug 2018
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.

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Specificații

ISBN-13: 9780198824237
ISBN-10: 0198824238
Pagini: 384
Dimensiuni: 154 x 233 x 22 mm
Greutate: 0.59 kg
Editura: Oxford University Press
Colecția OUP Oxford
Seria Oxford Constitutional Theory

Locul publicării: Oxford, United Kingdom

Recenzii

Lee's book is a significant contribution to the intellectual history of the early modern period, as well as an important reminder of the historically contested nature of political concepts.
One of the most significant merits of this volume…is its separation of the analysis of popular sovereignty from the recent trend in Anglophone scholarship to link this concept to that of resistance and, by extension, of republicanism. [Lee] has thus reinvigorated a classical perspective on the origins of sovereignty.

Notă biografică

Daniel Lee is Assistant Professor of Political Science at the University of California, Berkeley, and specializes in political theory, the history of political thought, and jurisprudence. His research concerns the reception of Roman law in later medieval and early modern political thought and its influence on modern doctrines of sovereignty and rights, especially in the legal and political thought of Jean Bodin, Hugo Grotius, and ThomasHobbes.