Popular Sovereignty in Early Modern Constitutional Thought - 9780198745167

Description: Popular Sovereignty in Early Modern Constitutional Thought Please note: this item is printed on demand and will take extra time before it can be dispatched to you (up to 20 working days). Author(s): Daniel Lee Format: Hardback Publisher: Oxford University Press, United Kingdom Imprint: Oxford University Press ISBN-13: 9780198745167, 978-0198745167 Synopsis 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.

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Location: Aldershot

End Time: 2025-01-07T09:43:56.000Z

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Book Title: Popular Sovereignty in Early Modern Constitutional Thought

Number of Pages: 378 Pages

Language: English

Publication Name: Popular Sovereignty in Early Modern Constitutional Thought

Publisher: Oxford University Press

Publication Year: 2016

Subject: Law

Item Height: 239 mm

Item Weight: 740 g

Type: Textbook

Author: Daniel Lee

Subject Area: Constitutional Law, Political Science

Series: Oxford Constitutional Theory

Item Width: 167 mm

Format: Hardcover