Sovereignty
A Contribution to the Theory of Public and International Law
Series: The History and Theory of International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 19 March 2019
- ISBN 9780198810544
- Binding Hardback
- No. of pages206 pages
- Size 242x165x20 mm
- Weight 476 g
- Language English 0
Categories
Short description:
In this 1927 work, Hermann Heller addresses the paradox of sovereignty, with a discussion spanning the disciplines of history, constitutional and political theory, and international law. The book includes a substantial introductory essay by David Dyzenhaus.
MoreLong description:
Hermann Heller was one of the leading public lawyers and legal and political theorists of the Weimar era, whose main interlocutors were two of the giants of twentieth century legal and political thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann Heller addresses the paradox of sovereignty. That is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller sees that the tensions the paradox highlights are an essential part of a society ruled by law.
Sovereignty, in the sense of national and popular sovereignty, is often perceived today as being under threat, as power devolves from nation states to international bodies, and important decisions seem increasingly made by elite-dominated institutions. Hermann Heller wrote Sovereignty in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, Heller speaks clearly to our contemporary concerns, and shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.
An excellent resource for those interested in the rule-of-law and the paradox of how a sovereign ruler (individual, parliament, etc.) can/must also be subject to and governed by law.
Table of Contents:
Introduction: The Politics of Sovereignty
Foreword to the Original German Edition
The Crisis of the Dogma of Sovereignty in the History of Ideas
Rule and Order
Sovereignty and Positivity
The Sovereign Person
The Nature of Sovereignty
The Sovereignty of the State and the Problem of International Law
State Sovereignty and International Law Personality
The Claim of Sovereignty in International Law and Against International Law
The Juristic Limits of and the Absolute Character of Sovereignty
Political and Ethical Evaluation of Sovereignty
