The Right of Sovereignty
Jean Bodin on the Sovereign State and the Law of Nations
Series: The History and Theory of International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 31 August 2021
- ISBN 9780198755531
- Binding Hardback
- No. of pages320 pages
- Size 240x165x25 mm
- Weight 632 g
- Language English 163
Categories
Short description:
This book examines the origins of the principle of sovereignty in the legal and political thought of its most influential theorist, Jean Bodin. It explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics.
MoreLong description:
Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics.
The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.
Daniel Lee's The Right of Sovereignty compels us to understand Bodin as a profoundly juridical thinker. The concept of legal sovereignty Lee disinters is more than an important contribution to our understanding of early modern legal and political theory. It also has great salience to our debates about sovereignty today.
Table of Contents:
Introduction
The State
The Right of Sovereignty
Slaves, Subjects, Citizens
Absolute Power: Law, Sovereignty, Absolution
The Common Law of Mankind, The Common Enemies of Mankind
Conclusion: The Duties of Sovereignty
