Daniel Lee is Assistant Professor of Political Science at the University of California, Berkeley.
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.
發表於2024-12-22
Popular Sovereignty in Early Modern Constitutional Thought 2024 pdf epub mobi 電子書 下載
圖書標籤: 政治思想史論 近代早期 政治思想 人民主權 西方憲政:傳統與現狀 法學 政治學 政治哲學
終於讀完,堪稱思想史研究範文,但最後對霍布斯的處理嘛……
評分這本書太厲害瞭,沿著這個方嚮往前走,能做的東西好多
評分這本書太厲害瞭,沿著這個方嚮往前走,能做的東西好多
評分終於讀完,堪稱思想史研究範文,但最後對霍布斯的處理嘛……
評分終於讀完,堪稱思想史研究範文,但最後對霍布斯的處理嘛……
Popular Sovereignty in Early Modern Constitutional Thought 2024 pdf epub mobi 電子書 下載