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Examining the intellectual origins of the constitutional doctrine of 'popular sovereignty', this book explores the importance of Roman law as a chief source of modern constitutional thought.
Sommario
- Introduction: Popular Sovereignty, Constitutionalism, and the Civil Law
- 1: The Lex Regia: The Theory of Popular Sovereignty in the Roman Law Tradition
- 2: The Medieval Law of Peoples
- 3: Roman Law and the Renaissance State: Dominium, Jurisdiction, and the Humanist Theory of Princely Authority
- 4: Popular Resistance and Popular Sovereignty: Roman Law and the Monarchomach Doctrine of Popular Sovereignty
- 5: The Roman Law Foundations of Bodin's Early Doctrine of Sovereignty
- 6: Jean Bodin, Popular Sovereignty, and Constitutional Government
- 7: Popular Sovereignty, Civil Association, and the Respublica: Johannes Althusius and the German Publicists
- 8: Popular Liberty, Princely Government, and the Roman Law in Hugo Grotius' De Jure Belli ac Pacis
- 9: Popular Sovereignty and the Civil Law in Stuart Constitutional Thought
- Conclusion
Info autore
Daniel Lee is Assistant Professor of Political Science at the University of California, Berkeley, and specializes in political theory, the history of political thought, and jurisprudence. His research concerns the reception of Roman law in later medieval and early modern political thought and its influence on modern doctrines of sovereignty and rights, especially in the legal and political thought of Jean Bodin, Hugo Grotius, and Thomas Hobbes.
Riassunto
Examining the intellectual origins of the constitutional doctrine of 'popular sovereignty', this book explores the importance of Roman law as a chief source of modern constitutional thought.
Testo aggiuntivo
One of the most significant merits of this volume…is its separation of the analysis of popular sovereignty from the recent trend in Anglophone scholarship to link this concept to that of resistance and, by extension, of republicanism. [Lee] has thus reinvigorated a classical perspective on the origins of sovereignty.
