(Ebook PDF) The Right of Sovereignty Jean Bodin on the Sovereign State and the Law of Nations 1st edition by Daniel Lee 0191072044 9780191072048 full chapters

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ISBN-10 :  0191072044 

ISBN-13 :  9780191072048

Author: Daniel Lee 

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.

The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations 1st Table of contents:

1. The State
The Language of Statehood: The Respublica
States and Non-States
The State as Compound Association
Societas Naturalis: The Family
Societas Civilis: Collegium, Corpus, Respublica
From Alliance of Friends to Statehood
Conclusion
2. The Right of Sovereignty
From Remedies to Rights in Western Legal Science
Droit Objectif and Droit Subjectif
Bodin on Contractual Obligations
Legibus Solutus: Liberty from the Laws
Imperium: Power Over the Laws
Ius Imperii: The Right of Command
Ius Summi Imperii: The Right of Sovereignty
3. Slaves, Subjects, Citizens
Foreigners and Subjects
Slaves and Subjects
The Free Subject
The Citizen
Losing Citizenship
Sovereignty, Territory, and Extraterritorial Statehood
4. Absolute Power: Law, Sovereignty, Absolution
Making and Unmaking Law: Bodin’s Theory of Legislation
Absolute Power as the Power of Release
Forms of Unmaking Law: Abrogation and Derogation
The Limits of Absolute Power
Why Absolute Power?
5. The Common Law of Mankind, the Common Enemies of Mankind
The Ius Gentium: The Common Law of Mankind
War
Legal and Illegal War: Bellum Iustum and Latrocinium
The Common Enemy of Mankind: The Tyrant
Are Tyrants Sovereign?
Tyrannicide and Seigneuricide
Conclusion: The Duties of Sovereignty
The Mutual Obligations of Sovereigns and Subjects
The Duties of Humanity
‘To Protect the Good and To Repel the Evil’
Applied Principle of Collegiality
Membership Duties
Sovereignty and Protection

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