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.

Was the emperor as sovereign allowed to seize the property of his subjects? Was this handled differently in late medieval Roman law and in the practice and theory of zabt in Mughal India? How is political sovereignty relating to the church ́s powers and to trade? How about maritime sovereignty after Grotius? How was the East India Company as a ́corporation ́ interacting with an Indian Nawab? How was the Shogunate and the emperor negotiating ́sovereignty ́ in early modern Japan? The volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law. Contributors include: Kenneth Pennington, Fabrice Micallef, Philippe Denis, Sylvio Hermann De Franceschi, Joshua Freed, David Dyzenhaus, Michael P. Breen, Daniel Lee, Andrew Fitzmaurice and Kajo Kubala, Nicholas Abbott, Tiraana Bains, Cornel Zwierlein, Mark Ravina.

An examination of anticolonial thought and practice across key Indigenous thinkers. Accounts of decolonization routinely neglect Indigenous societies, yet Native communities have made unique contributions to anticolonial thought and activism. Remapping Sovereignty examines how twentieth-century Indigenous activists in North America debated questions of decolonization and self-determination, developing distinctive conceptual approaches that both resonate with and reformulate key strands in other civil rights and global decolonization movements. In contrast to decolonization projects that envisioned liberation through state sovereignty, Indigenous theorists emphasized the self-determination of peoples against sovereign state supremacy and articulated a visionary politics of decolonization as earthmaking. Temin traces the interplay between anticolonial thought and practice across key thinkers, interweaving history and textual analysis. He shows how these insights broaden the political and intellectual horizons open to us today.

"The internet was supposed to end sovereignty. "Governments of the Industrial World, you weary giants of flesh and steel, you have no sovereignty where we gather," John Perry Barlow famously declared. Sovereignty would prove impossible over a world of bits, with the internet simply routing around futile controls. But reports of the death of sovereignty over the internet proved premature. Consider recent events"--

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.

Provides a critical analysis of Brexit, placing it in the broader context of the historical development of the British Constitution.

This book shows how the EU’s dual sovereignty–legitimacy problem can be resolved through the political concept of European citizenship, which can serve both to define the scope of European sovereignty and to justify EU power beyond national democracy. It reconceptualizes the EU’s legitimacy problem and demonstrates how sources of legitimacy can be identified and give rise to European sovereignty. It argues that sovereignty should be based on the will of citizens acting through various political bodies within the EU—city halls, regional entities, national governments, and EU institutions—and develops a general theory, arguably applicable to any political order. The EU is an unprecedented political project that is in tension with traditional forms of state legitimation based on national democracy, as nationalists and populists throughout Europe often make clear. Against this backdrop, the book fully articulates the notion of European sovereignty and argues that the EU’s sources of legitimacy are based on European citizenship and national democracy. This book will be of key interest to scholars and students of EU politics, European integration, international institutions, and international relations.

What constitutes a sovereign state in the international legal sphere? This question has been central to international law for centuries. Sovereignty, International Law, and the Princely States of Colonial South Asia provides a compelling exploration of the history of sovereignty through an analysis of the jurisdictional politics involving a specific set of historical legal entities. Governed by local rulers, the princely states of colonial South Asia were subject to British paramountcy whilst remaining legally distinct from directly ruled British India. Their legal status and the extent of their rights remained the subject of feverish debates through the entirety of British colonial rule. This book traces the ways in which the language of sovereignty shaped the discourse surrounding the legal status of the princely states to illustrate how the doctrine of sovereignty came to structure political imagination in colonial South Asia and the framework of the modern Indian state. Opening with a survey of the place of the princely states in the colonial structures of South Asia, Sovereignty, International Law, and the Princely States of Colonial South Asia goes on to illustrate how international lawyers, British politicians, colonial officials, rulers and bureaucrats of princely states, and anti-colonial nationalists in British India used definitions of sovereignty to construct political orders in line with their interests and aspirations. By invoking the vernacular of sovereignty in contrasting ways to support their differing visions of imperial and world order, these actors also attempted to reconfigure the boundaries among the spheres of the national, the imperial, and the international. Throughout the eighteenth, nineteenth, and early twentieth centuries, debates and disputes over the princely states continually defined and redefined the concept of sovereignty and international legitimacy in South Asia. Using rich material from the colonial archives,Sovereignty, International Law, and the Princely States of Colonial South Asia conveys an understanding of the history of sovereignty and the construction of the modern Indian nation-state that is still relevant today. A riveting read, this book will be of considerable interest and importance to scholars of international law and South Asia, legal historians, and political scientists.

The idea of 'hybrid sovereignty' describes overlapping relations between public and private actors in important areas of global power, such as contractors fighting international wars, corporations regulating global markets, or governments collaborating with nongovernmental entities to influence foreign elections. This innovative study shows that these connections – sometimes hidden and often poorly understood – underpin the global order, in which power flows without regard to public and private boundaries. Drawing on extensive original archival research, Swati Srivastava reveals the little-known stories of how this hybrid power operated at some of the most important turning points in world history: spreading the British empire, founding the United States, establishing free trade, realizing transnational human rights, and conducting twenty-first century wars. In order to sustain meaningful dialogues about the future of global power and political authority, it is crucial that we begin to understand how hybrid sovereignty emerged and continues to shape international relations.

The hidden world of American communism can now be examined with the help of documents from the recently opened archives of the former Soviet Union. Interweaving narrative and documents, the authors of this book present a convincing new picture of the Communist Part of the the United States of America (CPUSA), providing proof that it was involved in espionage and other subversive activitives. 16 illustrations.