Popular sovereignty - the doctrine that the public powers of state
originate in a concessive grant of power from "the people" - is 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. This book explores the
intellectual origins of this influential doctrine and investigates its
chief source in late medieval and early modern thought - the legal
science of Roman law. Long regarded the principal source for modern
legal reasoning, Roman law had a profound impact on the major
architects of popular sovereignty such as François Hotman, Jean
Bodin, and Hugo Grotius. Adopting the juridical language of
obligations, property, and personality as well as the classical 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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Produktdetaljer
ISBN
9780191062452
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter