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In the early 1950s the very existence of the Florida Seminoles was in jeopardy. Mired in poverty, poorly educated, underemployed, and without a tribal government, they also faced the possibility that the U.S. Congress would terminate services to them. Fortunately, loss of reservation lands was averted and the situation began to improve. When the federal government approved a charter and constitution for the tribe in 1957, it marked both the official resumption of tribal sovereignty after more than a century and the first agreement that did not force removal of the Seminoles from the reservation. An Assumption of Sovereignty continues Harry A. Kersey Jr.'s examination of Seminole history. He studies the effects of shifting governmental attitudes and policies on the Florida Indians during the past quarter-century. He also charts the social, economic, and political experiences of the tribe during these volatile decades. By the end of the account, readers understand that the Seminole tribe has become organized, functioning, and sovereign, with a stable economic base. The author has made extensive use of oral history from tribal elders as well as the memoirs and records of Florida congressional leaders. Harry A. Kersey Jr. is a professor of history at Florida Atlantic University. He is the author of The Florida Seminole and the New Deal, The Seminole and Miccosukee Tribes: A Critical Bibliography, and Pelts, Plumes, and Hides: White Traders among the Seminole Indians, 1870-1930.
What does it mean to be free? We invoke the word frequently, yet the freedom of countless Americans is compromised by social inequalities that systematically undercut what they are able to do and to become. If we are to remedy these failures of freedom, we must move beyond the common assumption, prevalent in political theory and American public life, that individual agency is best conceived as a kind of personal sovereignty, or as self-determination or control over one’s actions. In Freedom Beyond Sovereignty, Sharon R. Krause shows that individual agency is best conceived as a non-sovereign experience because our ability to act and affect the world depends on how other people interpret and respond to what we do. The intersubjective character of agency makes it vulnerable to the effects of social inequality, but it is never in a strict sense socially determined. The agency of the oppressed sometimes surprises us with its vitality. Only by understanding the deep dynamics of agency as simultaneously non-sovereign and robust can we remediate the failed freedom of those on the losing end of persistent inequalities and grasp the scope of our own responsibility for social change. Freedom Beyond Sovereignty brings the experiences of the oppressed to the center of political theory and the study of freedom. It fundamentally reconstructs liberal individualism and enables us to see human action, personal responsibility, and the meaning of liberty in a totally new light.
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. Winner of the 2015 David Easton Prize, awarded by the American Political Science Association (APSA) Global forces are eroding the ability of states to exert sovereign control over their populations, territories, and borders. Yet when dominated subjects across the world dream of freedom, they continue to conceive of it in sovereign terms. Sovereign freedom haunts the imagination of oppressed ethnic minorities, popular masses ruled by foreign powers or homegrown tyrants, indigenous peoples, and individuals chafing under customary or governmental restrictions. On Sovereignty and Other Political Delusions draws on political theory and on two case studies – the encounter between Anglo-American settlers and Native American tribes, and the search for Jewish sovereignty in Palestine – to probe the allure of the idea of sovereign freedom and its self-defeating logic. It concludes by shifting its sights from political to economic sovereign power and by pursuing intimations of non-sovereign freedom in the contemporary age.
This thought-provoking work elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. It also provides for the method to resolve situations where informational domains of individuals and/or states collide. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. It also encompasses more practical discussions of cybersecurity and cross-border processing of personal data, including in the context of cross-border discovery of digital evidence.
Sovereignty is the subject of many debates in international relations. Is it the source of state authority or a description of it? What is its history? Is it strengthening or weakening? Is it changing, and how? This book addresses these questions, but focuses on one less frequently addressed: what makes state sovereignty possible? The Sovereignty Cartel argues that sovereignty is built on state collusion – states work together to privilege sovereignty in global politics, because they benefit from sovereignty's exclusivity. This book explores this collusive behavior in international law, international political economy, international security, and migration and citizenship. In all these areas, states accord rights to other states, regardless of relative power, relative wealth, or relative position. Sovereignty, as a (changing) set of property rights for which states collude, accounts for this behavior not as anomaly (as other theories would) but instead as fundamental to the sovereign states system.
In recent decades, indigenous peoples in the Yukon have signed land claim and self-government agreements that spell out the nature of government-to-government relations and grant individual First Nations significant, albeit limited, powers of governance over their peoples, lands, and resources. Those agreements, however, are predicated on the assumption that if First Nations are to qualify as governments at all, they must be fundamentally state-like, and they frame First Nation powers in the culturally contingent idiom of sovereignty. Based on over five years of ethnographic research carried out in the southwest Yukon, Sovereignty’s Entailments is a close ethnographic analysis of everyday practices of state formation in a society whose members do not take for granted the cultural entailments of sovereignty. This approach enables Nadasdy to illustrate the full scope and magnitude of the "cultural revolution" that is state formation and expose the culturally specific assumptions about space, time, and sociality that lie at the heart of sovereign politics. Nadasdy’s timely and insightful work illuminates how the process of state formation is transforming Yukon Indian people’s relationships with one another, animals, and the land.
Now in paperback—with a new preface by the author Americans have long been protective of the country's sovereignty—all the way back to George Washington who, when retiring as president, admonished his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced periodic, often heated, debates about how to maintain that sovereignty, and whether and when it is appropriate to cede some of it in the form of treaties and the alliances about which Washington warned. As the 2016 election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily high-jacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation's fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.
A journey into de facto state-building based on ethnographic and archival research in the Turkish Republic of Northern Cyprus What is de facto about the de facto state? In Sovereignty Suspended, this question guides Rebecca Bryant and Mete Hatay through a journey into de facto state-building, or the process of constructing an entity that looks like a state and acts like a state but that much of the world says does not or should not exist. In international law, the de facto state is one that exists in reality but remains unrecognized by other states. Nevertheless, such entities provide health care and social security, issue identity cards and passports, and interact with international aid donors. De facto states hold elections, conduct censuses, control borders, and enact fiscal policies. Indeed, most maintain representative offices in sovereign states and are able to unofficially communicate with officials. Bryant and Hatay develop the concept of the "aporetic state" to describe such entities, which project stateness and so seem real, even as nonrecognition renders them unrealizable. Sovereignty Suspended is based on more than two decades of ethnographic and archival research in one so-called aporetic state, the Turkish Republic of Northern Cyprus (TRNC). It traces the process by which the island's "north" began to emerge as a tangible, separate, if unrecognized space following violent partition in 1974. Like other de facto states, the TRNC looks and acts like a state, appearing real to observers despite international condemnations, denials of its existence, and the belief of large numbers of its citizens that it will never be a "real" state. Bryant and Hatay excavate the contradictions and paradoxes of life in an aporetic state, arguing that it is only by rethinking the concept of the de facto state as a realm of practice that we will be able to understand the longevity of such states and what it means to live in them.
In the wake of the 2000 Election, the relationship between the Supreme Court and the American states has become more important. Once derided by the Supreme Court as a 'truism, ' the Tenth Amendment has in recent years been transformed from a neglected provision into a vital 'first principle.' As such, it has provided the foundation for a series of decisions in which the Supreme Court has elevated the status of the states, often at the expense of federal power and in the face of previously settled assumptions. In this important volume, four prominent scholars--two historians and two law professors--examine carefully one of the central tenets in the Supreme Court's recent Tenth Amendment jurisprudence: the assumption that the results fashioned by a narrow majority are compelled by history and consistent with the intentions of the framers. They shed important new light on a series of decisions that mark a major change in our thinking about the nature of a constitutional system within which both the federal government and the states properly regard themselves as sovereign entities.
Focuses on understanding human rights as they really are and their proper role in international affairs.