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Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
Using the events of the Constitution's Bicentennial from 1987 to 1991 as a case study, Representing Popular Sovereignty explores the contradiction between the Constitution's importance as a political document and its weakness as a symbol in American popular culture.
This book is a critical inquiry into sovereignty and argues that the meaning and functions performed by this concept have changed significantly during the past decades, with profound implications for the ontological status of the state and the modus operandi of the international system as a whole. Although we have grown accustomed to regarding sovereignty as a defining characteristic of the modern state and as a constitutive principle of the international system, Sovereignty as Symbolic Form argues that recent changes indicate that sovereignty has been turned into something granted, contingent upon its responsible exercise in accordance with the norms and values of an imagined international community. Hence we need a new understanding of sovereignty in order to clarify the logic of its current usage in theory and practice alike, and its connection to broader concerns of social ontology: what kind of world do we inhabit, and of what kind of entities is this world composed? This book will be of interest to students of International Relations, Critical Security and International Politics.
The book deeply analyses the bilateral relations between Switzerland and the European Union and their effect on the former's sovereignty in the context of Europeanisation. This touches on philosophical debates on the complexity of sovereignty. What sovereignty is at stake when talking about Swiss-EU relations? This issue not only faces the elusiveness of sovereignty as a concept, but also the proliferation of hypocrisy on its presence within states. The book encounters the deconstructionist hypothesis stating that there is nothing to worry about but the belief there is something to worry about. Derrida’s deconstruction of sovereignty allows indeed one to grasp the fictional essence of sovereignty based on the metaphysics of presence. The presence of self-positing sovereign ipseity is fictional since absent in the present, but spectrally present in the belief of its presence to come. Sovereignty is a matter of credibility, or the credible promise of a normative statement to come. Hence, the book challenges the realist/neorealist argument stating that states are credibly sovereign until proven otherwise and explains that the debate on state sovereignty calls for the unveiling of this hypocritical epistemology cunningly disguised as an objective presence. Swiss-EU relations thus become the cornerstone to not only theorise but also test sovereignty and deconstruct the two ontological and epistemological sides of the same coin, or the modern hypocrisy of sovereignty. This deconstruction constitutes the very problématique of any attempt to understand whether and how a state can be sovereign and solve the problem as to how to neutralise the différance and identify the difference between credible and incredible claims of sovereignty. This problématique connects the theory and practice of sovereignty innovatively, providing positivist evidence on the arguable credibility of the Swiss claim of sovereignty and confirming the presence of a theological dimension within politics.
Clothed in Robes of Sovereignty examines the material artifacts, festivities, and rituals by which Congress endeavored not only to assert its political legitimacy and to bolster the war effort, but ultimately to glorify the United States and to win the allegiance of the American people. But fact, as Benjamin H. Irvin demonstrates, the "people out of doors"--including the working poor, women, loyalists, Native Americans and others not represented in Congress--vigorously contested the trappings of nationhood into which Congress had enfolded them.
An investigation of the arms and seals borne and used from the earliest times to the present in connection with public authority in and over Canada, with consideration of some connected flags.
The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.
At the end of the sixteenth century and the turn of the first Islamic millennium, the powerful Mughal emperor Akbar declared himself the most sacred being on earth. The holiest of all saints and above the distinctions of religion, he styled himself as the messiah reborn. Yet the Mughal emperor was not alone in doing so. In this field-changing study, A. Azfar Moin explores why Muslim sovereigns in this period began to imitate the exalted nature of Sufi saints. Uncovering a startling yet widespread phenomenon, he shows how the charismatic pull of sainthood (wilayat)—rather than the draw of religious law (sharia) or holy war (jihad)—inspired a new style of sovereignty in Islam. A work of history richly informed by the anthropology of religion and art, The Millennial Sovereign traces how royal dynastic cults and shrine-centered Sufism came together in the imperial cultures of Timurid Central Asia, Safavid Iran, and Mughal India. By juxtaposing imperial chronicles, paintings, and architecture with theories of sainthood, apocalyptic treatises, and manuals on astrology and magic, Moin uncovers a pattern of Islamic politics shaped by Sufi and millennial motifs. He shows how alchemical symbols and astrological rituals enveloped the body of the monarch, casting him as both spiritual guide and material lord. Ultimately, Moin offers a striking new perspective on the history of Islam and the religious and political developments linking South Asia and Iran in early-modern times.