Popular Sovereignty in Early Modern Constitutional Thought
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.
1123118612
Popular Sovereignty in Early Modern Constitutional Thought
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.
155.0 In Stock
Popular Sovereignty in Early Modern Constitutional Thought

Popular Sovereignty in Early Modern Constitutional Thought

by Daniel Lee
Popular Sovereignty in Early Modern Constitutional Thought

Popular Sovereignty in Early Modern Constitutional Thought

by Daniel Lee

Hardcover

$155.00 
  • SHIP THIS ITEM
    Qualifies for Free Shipping
  • PICK UP IN STORE
    Check Availability at Nearby Stores

Related collections and offers


Overview

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.

Product Details

ISBN-13: 9780198745167
Publisher: Oxford University Press
Publication date: 04/18/2016
Series: Oxford Constitutional Theory
Pages: 378
Product dimensions: 5.90(w) x 9.30(h) x 1.00(d)

About the Author

Daniel Lee, Assistant Professor of Political Science, University of California, Berkeley

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 Thomas Hobbes.

Table of Contents

Introduction: Popular Sovereignty, Constitutionalism, and the Civil LawPart I1. The Lex Regia: The Theory of Popular Sovereignty in the Roman Law Tradition2. The Medieval Law of PeoplesPart II3. Roman Law and the Renaissance State: Dominium, Jurisdiction, and the Humanist Theory of Princely Authority4. Popular Resistance and Popular Sovereignty: Roman Law and the Monarchomach Doctrine of Popular SovereigntyPart III5. The Roman Law Foundations of Bodin's Early Doctrine of Sovereignty6. Jean Bodin, Popular Sovereignty, and Constitutional GovernmentPart IV7. Popular Sovereignty, Civil Association, and the Respublica: Johannes Althusius and the German Publicists8. Popular Liberty, Princely Government, and the Roman Law in Hugo Grotius' De Jure Belli ac Pacis9. Popular Sovereignty and the Civil Law in English Constitutional ThoughtConclusion
From the B&N Reads Blog

Customer Reviews