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Showing papers on "Sovereignty published in 1986"


Book
01 Jan 1986
TL;DR: In this paper, the authors present a history of classical and modern democracy, including the development of modern democracy and its history as a double-sided process of revolution, dictatorship, and dictatorship.
Abstract: * List of Figures and Tables * Preface * Introduction * Part One: Classic Models * Chapter 1 - Classical Democracy: Athens * Political ideas and aims * Institutional features * The exclusivity of an ancient democracy * The critics * In sum: Model I * Chapter 2 - Republicanism: Liberty, Self-Government and the Active Citizen * The eclipse and re-emergence of homo politicus * The reforging of republicanism * Republicanism, elective government and popular sovereignty * From civic life to civic glory * In sum: Model IIa * The republic and the general will * In sum: model IIb * The public and the private * Chapter 3 - The Development of Liberal Democracy: For and Against the State * Power and Sovereignty * Citizenship and the Constitutional State * Separation of Powers * The problem of factions * Accountability and Markets * In sum: model IIIa * Liberty and the development of democracy * The dangers of despotic power and an overgrown state * Representative government * The subordination of women * Competing conceptions of the 'ends of government' * In sum: Model IIIb * Chapter 4 - Direct Democracy and the End of Politics * Class and class conflict * History as evolution and the development of captialism * Two theories of the state * The end of politics * Competing conceptions of Marxism * Part Two: Variants from the Twentieth Century * Chapter 5 - Competitive ELitism and the Technocratic Vision * Classes, power and conflict * Bureaucracy, parliaments and nation-states * Competitive elitist democracy * Liberal democracy at the crossroads * The last vestige of democracy? * Democracy, capitalism and socialism *'Classical' v. modern democracy * A technocratic vision * In sum: model V * Chapter 6 - Pluralism, Corporate Capitalism and the State * Group politics, government and power * Politics, consensus and the distribution of power * Democracy, corporate capitalism and the state * In sum: Model VI * Accumulation, legitimation and the restricted sphere of the political * The changing form of representative institutions * Chapter 7 - From Post-War Stability to Political Crisis: The Polarization of Political Ideas * A legitimate democratic order or a repressive regime? * Overloaded state or legitimation crisis? * Crisis theories: an assessment * Law, liberty and democracy * In sum: model VII * Participation, liberty and democracy * In sum: model VII * Chapter 8 - Democracy after Soviet Communism * The historical backdrop * The triumph of economic and political liberalism * The renewed necessity of Marxism and democracy from 'below'? * Chapter 9 - Deliberative Democracy and the Defence of the Public Realm * Reason and Participation * The limits of democratic theory * The aims of deliberative democracy * What is sound about public reasoning? Impartialism and it's critics * Institutions of deliberative democracy * Value pluralism and democracy * In sum: Model IX * Part Three: What Should Democracy Mean Today? * Chapter 10 - Democratic Autonomy * The appeal of democracy * The principle of autonomy * Enacting the principle * The heritage of classic and twentieth-century democratic theory * Democracy: A double-sided process * Democratic autonomy: compatibilities and incompatibilities * In sum: Model Xa * Chapter 11 - Democracy, the Nation-State and the Global System * Democratic legitimacy and borders * Regional and global flows: old and new * Sovereignty, autonomy and disjunctures * Rethinking democracy for a more global age: the cosmopolitan model * In sum: model Xb * Acknowledgements * References and Select Bibliography * Index

2,155 citations


Journal ArticleDOI
TL;DR: A Hobbesian "war of all against all" does not usually ensue: even sovereign governments that recognize no common authority may engage in limited cooperation as discussed by the authors, and the achievement of cooperation can depend neither on deference to hierarchical authority nor on centralized enforcement.
Abstract: World politics is commonly referred to as anarchic, meaning that it lacks a common government. Yet a Hobbesian “war of all against all” does not usually ensue: even sovereign governments that recognize no common authority may engage in limited cooperation. The anarchic structure of world politics does mean, however, that the achievement of cooperation can depend neither on deference to hierarchical authority nor on centralized enforcement. On the contrary, if cooperation is to emerge, whatever produces it must be consistent with the principles of sovereignty and self-help.

750 citations


Book
01 Jan 1986
TL;DR: The failure of Hobbe's social contract argument was discussed in this paper, where it was shown that the argument of absolute sovereignty is not a good fit for the Hobbe social contract.
Abstract: Acknowledgments A note on texts and references Introduction 1. 'Of Man': the foundation of Hobbe's political argument 2. What is the cause of conflict in the state of nature? 3. The shortsightedness account of conflict and the laws of nature 4. The argument of absolute sovereignty 5. Authorizing the sovereign 6. Hobbe's social contract 7. The failure of Hobbe's social contract argument 8. Can Hobbe's argument be salvaged? 9. How the traditional social contract argument works Bibliography Index.

394 citations


Book
01 Jan 1986
TL;DR: Ostwald traces the development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted as discussed by the authors.
Abstract: Analyzing the 'democratic' features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.

151 citations



Book
12 Sep 1986
TL;DR: Kammen as mentioned in this paper explores the U.S. Constitution's place in the public consciousness and its role as a symbol in American life, from ratification in 1788 to our own time.
Abstract: In this volume, Pulitzer Prize-winning historian Michael Kammen explores the U.S. Constitution's place in the public consciousness and its role as a symbol in American life, from ratification in 1788 to our own time. As he examines what the Constitution has meant to the American people (perceptions and misperceptions, uses and abuses, knowledge and ignorance), Kammen shows that although there are recurrent declarations of reverence most of us neither know nor fully understand our Constitution. How did this gap between ideal and reality come about? To explain it, Kammen examines the complex and contradictory feelings about the Constitution that emerged during its preparation and that have been with us ever since. He begins with our confusion as to the kind of Union we created, especially with regard to how much sovereignty the states actually surrendered to the central government. This confusion is the source of the constitutional crisis that led to the Civil War and its aftermath. Kammen also describes and analyzes changing perceptions of the differences and similarities between the British and American constitutions; turn-of-the-century debates about states' rights versus national authority; and disagreements about how easy or difficult it ought to be to amend the Constitution. Moving into the twentieth century, he notes the development of a "cult of the Constitution" following World War I, and the conflict over policy issues that persisted despite a shared commitment to the Constitution.

106 citations


Journal ArticleDOI
TL;DR: In this article, an explanation of why states join IGOs and what are the consequences for states of membership in IGO is sought, drawing on the theory of functionalism espoused by David Mitrany and others.
Abstract: There has been a growing propensity among states to associate together in international governmental organizations, or IGOs, for a variety of purposes. Why do states join IGOs, and what are the consequences for states of membership in IGOs? In this analysis, an explanation is sought, drawing on the theory of functionalism espoused by David Mitrany and others, taking into account the number of years a state has had sovereignty, level of technology, extent of party competition, and overall power. For Third World states, membership in IGOs is associated with enhanced economic performance. An increasing number of IGOs in the system appears to lessen the states' mean proneness to war. Functionalist predictions are upheld. But functionalism needs to be supplemented both for comprehensive explanations and as a prescription for the future. Already there are so many IGOs that it is difficult for states to control them, which could make them progressively irrelevant or even jeopardize their existence.

98 citations


Journal ArticleDOI
TL;DR: The state is an inescapable reality in many parts of the world, not only in Europe and North America, where modern states first developed and are deeply rooted, but also in some countries of South America, the Middle East, and Asia as discussed by the authors.
Abstract: When we speak of ‘the state’ in Tropical Africa today, we are apt to create an illusion. Ordinarily the term denotes an independent political structure of sufficient authority and power to govern a defined territory and its population: empirical statehood. This is the prevailing notion of the state in modern political, legal, and social theory1, and it is a fairly close approximation to historical fact in many parts of the world – not only in Europe and North America, where modern states first developed and are deeply rooted, but also in some countries of South America, the Middle East, and Asia, where they have more recently emerged. The state is an inescapable reality. The military credibility of Argentina during the Falklands war, when it was by no means certain that Britain would prevail against its air force, is an indication of the reality of the state in some parts of the Third World today.

97 citations


Journal ArticleDOI
TL;DR: In this paper, the authors demystify the concept of educational decentralization, particularly with respect to the role of the state in education, and propose a new definition of decentralization as a process of transferring power and authority from large to small units of governance.
Abstract: The objective of this paper is to demystify the concept of educational decentralization, particularly with respect to the role of the state in education.' The announced purposes of policies of decentralization, namely, increased participation in decision making at the local level and improved system efficiency, are laudable. But there is much confusion about the meaning of the concept and about what actually happens in the process.2 A major source of confusion about decentralization is in the most commonly used definition of the term. Centralization or decentralization is used conventionally to refer to the relationship between the government and the individual citizen.3 A centralized political system is defined as one in which a central government holds most or all authority and power. A decentralized system is one in which power and authority have been shifted down a ladder of aggregation. Decentralization is seen as a process of transferring or "devolving" power and authority from large to small units of governance. The smallest unit is the individual citizen, the atom of society. Authors who (implicitly) use this definition end up with privatization or the doctrine of the free market and the "sovereignty of the

94 citations


Journal ArticleDOI
TL;DR: Banning as mentioned in this paper investigates what men in the late eighteenth century meant when they spoke about republicanism and the question that Lance Banning addresses in the foregoing article and the one that I shall explore in this companion piece requested by the editor of the William and Mary Quarterly.
Abstract: W rHAT did Americans in the late eighteenth century mean when they spoke about republicanism? This is the question that Lance Banning addresses in the foregoing article and the one that I shall explore in this companion piece requested by the editor of the William and Mary Quarterly. For many men-and this was primarily a male discourse-republicanism represented something new. Thus Thomas Paine in Common Sense referred to the "new republican materials" of the House of Commons on whose virtue depended the freedom of England. Eight years later, Paine defined a republic as a sovereignty of justice, in contrast to a sovereignty of will.1 Writing at about the same time, an angry critic denounced the Philadelphia stage for insidiously fostering aristocratic values and alluded sarcastically to "our present state of imaginary republican equality."2 In this man's mind, republicanism entailed the reformation of social mores along democratic lines. Addressing the American Philosophical Society on the subject of innovative farming techniques, Timothy Matlack spoke of "the great Republican Virtues of Industry and Economy."3 Here Matlack associated republicanism with private virtues and linked them to productivity. For John Adams, republicanism retained its historical connection with classical and Renaissance texts. Abigail Adams described her husband's immersion in those texts as his "travelling through the Itallian Republicks."4 The results of Adams's scholarly perambulations-his Defence of the Constitutions of Government of the United States of America-did not, however, restore the pristine meaning of republicanism. We can read James Madison, an equally learned man, lamenting the presence in

84 citations


Book
01 Jan 1986
TL;DR: The casebook as mentioned in this paper has an unprecedented focus on Native nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere, and it retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era.
Abstract: This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere The Sixth edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives

Journal ArticleDOI
Fred Myers1
TL;DR: In this article it is shown that every polis is a species of association, and that all associations are instituted for the purpose of attaining some good-for all men do all their acts with a view to achieving something which is, in their view, a good.
Abstract: Observation shows us, first, that every polis (or state) is a species of association, and, secondly, that all associations are instituted for the purpose of attaining some good-for all men do all their acts with a view to achieving something which is, in their view, a good. We may therefore hold that all associations aim at some good; and we may also hold that the particular association which is the most sovereign of all, and includes all the rest, will pursue this aim most, and thus be directed to the most sovereign of all goods. This most sovereign and inclusive association is the polis, as it is called, or the political association [Aristotle 1967:1252a].

Journal ArticleDOI
TL;DR: Pocock's theory is inadequate since many others admitted that there had been a conquest as discussed by the authors, but they were largely indifferent to the question of the Norman Conquest, a non-issue in political debate.
Abstract: Orthodoxy maintains that English political thinking before Hobbes was based upon an unphilosophical, precedent-bound reading of history. According to J. G. A. Pocock, Sir Edward Coke typically held that English customary law was pre-historical and that the continuity of English traditions had never been broken by conquest. Conquerors possessed sovereign power; in England there had been no conqueror; so there was no supra-legal sovereign. English liberty was deducible from history.Pocock's thesis is inadequate since Coke and many others admitted that there had been a conquest. Their claims rested not upon English history but upon theoretical premises characteristic of Continental thought. Coke's concept of custom was itself theory-laden. Rival theories were largely indifferent to the question of the Norman Conquest, a non-issue in political debate.





Book ChapterDOI
01 Dec 1986
TL;DR: The establishment of the Ch'in empire as the sole effective political authority that could expect to command obedience was an innovation in political practice as discussed by the authors, and one of the earliest contributions to political theory to be written during the Han period is the Hsin-yii of Lu Chia.
Abstract: One of the principal legacies that the Han dynasty bequeathed to its successors was the demonstration that imperial sovereignty was a respectable means of government which statesmen could serve with loyalty and with due deference to the ethical ideals on which they had been nurtured. The establishment of the Ch'in empire as the sole effective political authority that could expect to command obedience was an innovation in political practice. One of the earliest contributions to political theory to be written during the Han period is the Hsin-yii of Lu Chia. According to Lu Chia, Ch'in's failure had been due to its excessive application of punishments, its arrogance, and its extravagance. Wang Ch'ung could hardly be expected to agree that Heaven is willing to interfere in the affairs of man to the extent of specifically conferring authority to rule on a particular dynastic house.


Book
01 Jan 1986
TL;DR: The international law of territory as mentioned in this paper provides a comprehensive overview of the international legal system and its relationship with the concept of ownership and ownership of territory, as well as its application in international boundary disputes.
Abstract: Contents: Introduction: the international law of territory: an overview. Law and Territory in the International System: Territory in international law, M.N. Shaw Sovereignty, territory and the international lawyer's dilemma, Donald W. Greig. Historical Development: Discovery, symbolic annexation and virtual effectiveness in international law, Friedrich August Freiherr von der Heydte The concept of statehood and the acquisition of territory in the 19th century, J.A. Andrews. Modes of Acquisition: Adjudication and adjustment a " international judicial decision and the settlement of territorial and boundary disputes, A.L.W. Munkman Title to territory: response to a challenge, Georg Schwarzenberger The acquisition of title to territory by newly emerged states, J.G. Starke Acquisitive prescription in international law, D.H.N. Johnson. Associated Doctrines: Some observations on the doctrine of continuity and the finality of boundaries, Kaiyan Homi Kaikobad The doctrine of intertemporal law, T.O. Elias The scope of acquiescence in international law, I.C. MacGibbon. Force and Territorial Title: What weight conquest?, Stephen M. Schwebel. Maps: Maps as evidence in international boundary disputes: a reappraisal, Guenter Weissberg. Self-Determination and Territorial Integrity: Self-determination versus territorial integrity in decolonization, S.K.N. Blay Drawing a better line: uti possidetis and the borders of new states, Stephen R. Ratner Peoples, territorialism and boundaries, Malcolm N. Shaw Name index.

Book
01 Mar 1986
TL;DR: The caribbean survival struggle and sovereignty to read as mentioned in this paper is a good book to read for children to understand the caribbeans' history and their struggle for independence and independence.
Abstract: Let's read! We will often find out this sentence everywhere. When still being a kid, mom used to order us to always read, so did the teacher. Some books are fully read in a week and we need the obligation to support reading. What about now? Do you still love reading? Is reading only for you who have obligation? Absolutely not! We here offer you a new book enPDFd the caribbean survival struggle and sovereignty to read.

Journal ArticleDOI
TL;DR: In this article, Wight compared the increasing number of small states which are the debris of colonial empires to the increasing numbers of small principalities of an earlier period in international history which were ‘the debris of feudalism’.
Abstract: Martin Wight once compared ‘the increasing number of small states which are the debris of colonial empires’ to ‘the increasing number of small principalities’ of an earlier period in international history which were ‘the debris of feudalism’. The citystates, monarchies, republics, confederations and various other emergent states of Europe eventually found an alternative to the mediaeval societas Christiana on which their independence and intercourse could be legitimately based. This was, of course, the practice of dynastic legitimacy or what Burke glorified as ‘prescription’: the right of inherited and established states to international recognition which sufficed as the constitution of European international society until the French revolution. Burke invoked it to condemn the revolution and justify foreign intervention not only to destroy the Jacobins and restore the monarchy but also to defend ‘the college of the ancient states of Europe’.3 It was a lost cause.


Book ChapterDOI
01 Jan 1986
TL;DR: NATO is an alliance of sovereign nations as mentioned in this paper, and it was formed, and it is sustained today, as the basis for defending its member states against perceived threats to their security, independence and territorial integrity.
Abstract: NATO is an alliance of sovereign nations. It was formed, and it is sustained today, as the basis for defending its member states against perceived threats to their security, independence and territorial integrity. Different political interpretations of NATO’s actual role tend to depend upon the perspective of the interpreter. Member governments see it as a defensive alliance for securing peace. The Warsaw Treaty nations see NATO as a threat, part of a hostile encirclement of the socialist commonwealth, and as a bastion of American imperialism.

Journal ArticleDOI
TL;DR: In the colonial period of US history, American Indian tribes enjoyed the status of political sovereigns, and dealt as equals with the English Crown and colonial authorities as discussed by the authors, but these former captive nations are now more aptly described as internal colonies.
Abstract: In the colonial period of US history, American Indian tribes enjoyed the status of political sovereigns, and dealt as equals with the English Crown and colonial authorities. In the years following US independence, legal, administrative, and military actions were used to redefine the meaning of tribal sovereignty. Conceptualizing these developments, captive nations refers to the limited sovereignty of tribes and their isolation and detachment from mainstream American society. Recently, natural resource development on their land and especially the discovery of energy resources has had a major impact on the structure of Federal-Indian relations and the political status of Indian tribes in American society. Willingly or unwillingly, many tribes are in the process of renegotiating their status with the Federal Government as a consequence of the resource development. As a result, these former captive nations are now more aptly described as internal colonies.


Journal ArticleDOI
TL;DR: In this paper, the purpose of establishing demilitarized or neutralized zones is to prevent acts of war from taking place within the zone, and the State with sovereignty over the area has an obligation to protect its...
Abstract: The purpose of establishing demilitarized or neutralized zones is to prevent acts of war from taking place within the zone. The State with sovereignty over the area has an obligation to protect its...


Journal ArticleDOI
TL;DR: A review of regionalism and security focusing on two central themes of the current security debate is presented in this article, where the authors highlight the importance of the regional system to the security of the South Pacific.
Abstract: THE PRIME MINISTER OF THE COOK ISLANDS, SIR THOMAS DAVIS, BEGAN 1986 BY DECLARING that he intended to proclaim his country formally neutral. Sir Thomas offered, in explanation, his belief that the ANZUS regional security pact was in collapse, leaving the Cooks solely dependent on a bilateral defence relationship with New Zealand which he described as worthless. Apparently, Sir Thomas wanted to indicate that if his country could not rely on a regional arrangement for its security, he would prefer to fall back upon an ostensibly unilateralist solution (neutrality) buttressed by the global guarantees of international law. Whether or not his declaration was a ploy to embarrass the New Zealand Labour Government of David Lange in its dispute with the United States over nuclear warship port access, and notwithstanding the practical and legal impediments to carrying out his intention, Sir Thomas's gesture epitomizes the dilemma facing the South Pacific regarding regionalism and the security of the region. Many of the underpinnings of the Pacific Islands regional system come from outside the islands themselves, and yet these same supports are linked to sources of danger which threaten not only the validity of the regional system but also the exercise of sovereignty by member states. Regionalism has played a central if contested role in the international affairs of the South Pacific since at least World War II. The small states of the South Pacific are more obliged than most to pursue their international objectives through single rather than multiple avenues. The loss of regionalism as an effective avenue of diplomacy would therefore impose vastly more significant costs on the South Pacific states than would be expected in other regions. This review of regionalism and security focuses on two central themes of the current security debate. The first concerns the nexus between regionalism and regional security: that is, how important is the vitality of the regional system to the security of the South Pacific? Second, to what extent can regional security in this part of the world be independent of the global priorities of the superpowers? The answers to these two questions are not necessarily mutually compatible. Indeed, the prospects for security in this region could depend upon insulating the regional system from many extra-regional pressures, at least under the existing framework. The islands (as well as other states) may find that retaining the South Pacific regional system involves both structural change and a shift away from the traditional, tacit, Western alignment on security issues.

Journal ArticleDOI
TL;DR: In this paper, the authors define three terms which require definition: sovereignty, vitality and the state, and discuss various reasons why the state acquires vitality from its possession of sovereignty.
Abstract: The title of this paper contains three terms which require definition—sovereignty, vitality and the state. I shall begin by defining these, and shall then discuss various reasons why the state acquires vitality from its possession of sovereignty. Finally I shall ask whether sovereignty is likely to become less significant as a source of vitality, and? if so, what is likely to take its place.