Popular sovereignty in early modern constitutional thought /
Examining the intellectual origins of the constitutional doctrine of 'popular sovereignty', this volume explores the importance of Roman law as a chief source of modern constitutional thought.
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| Format: | eBook |
| Language: | English |
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Oxford, United Kingdom :
Oxford University Press,
2016.
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| Edition: | First edition. |
| Series: | Oxford constitutional theory.
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| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
Table of Contents:
- Cover; Popular Sovereignty in Early Modern Constitutional Thought; Copyright; Dedication; Contents; List of Abbreviations; Introduction: Popular Sovereignty, Constitutionalism, and the Civil Law; Constitutionalism and Popular Sovereignty: Limited Government and Unlimited Authority; Why Popular Sovereignty?; Constitutionalism Without States: Medieval Constitutionalism and the Problem of Pluralistic Authority; The Popular Constitution of Public Authority; Roman Law and the Legal Science of Sovereignty; Structure
- 1. The Lex Regia: The Theory of Popular Sovereignty in the Roman Law TraditionIntroduction; The Lex Regia in Classical Roman Law; The Glossators and the Lex Regia: The Translation Theory; The Glossators and the Lex Regia: The Concession Theory of Azo; The Lex Regia and the Glossa Ordinaria; Conclusion; 2. The Medieval Law of Peoples; Introduction; The Translatio Imperii: Roman Imperium in a Post-Roman World; Rex in Regno Suo: The Free King as Princeps; The Popular Constitution of Royal Authority: Popular Sovereignty under the Ius Gentium; Populus Liber and the Civitas
- The Commentators: Bartolus and Baldus on PeoplehoodConclusion; 3. Roman Law and the Renaissance State: Dominium, Jurisdiction, and the Humanist Theory of Princely Authority; Introduction; Iurisdictio and Imperium in Civil Law; Iurisdictio in Medieval Legal Thought: Azo's Doctrine; The Problem of "Proper" Jurisdiction: Iurisdictio and Dominium; The Humanist Theory of Iurisdictio: Alciato on Property and Iurisdictio Propria; The Alciatei on Jurisdiction; The Critique of "Proper" Jurisdiction: Dumoulin on Feudal Jurisdiction; Conclusion
- 4. Popular Resistance and Popular Sovereignty: Roman Law and the Monarchomach Doctrine of Popular SovereigntyIntroduction; The Universitas Populi as Dominus; King as Usufructuary; King as Legal Guardian; King as Possessory; The Monarchomach Theory of Constituent Power; The Vindication of Popular Sovereignty; Conclusion; 5. The Roman Law Foundations of Bodin's Early Doctrine of Sovereignty; Introduction; Universal History and Legal Science; Bodin's Turn to Political Theory: De Statu Rerumpublicarum; Bodin on Imperium; Bodin on Azo and Lothair; Conclusion
- 6. Jean Bodin, Popular Sovereignty, and Constitutional GovernmentIntroduction; Sovereignty as Potestas Legibus Soluta; Sovereignty and Government: Bodin's Principal-Agent Analysis of Sovereignty; The Juridical Sources of Bodin's Principal-Agent Analysis of Sovereignty: The Roman Law of Delegated Jurisdiction; Bodin's Criticism of the Humanist Theory of Delegated Authority; Commissions and Offices: The Roman Law of Obligations in Bodin's Theory of Constituted Magistrates; Constitutional Choices: Government of Magistrates or Government of Commissioners?