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Modern Sovereignty

In: Philosophy and Psychology

Submitted By ahmedmustafak
Words 540
Pages 3
Sovereignty is understood in jurisprudence as the full right and power of a governing body to govern itself without any interference from outside sources or bodies. In political theory, sovereignty is a substantive term designating supreme authority over some polity. It is a basic principle underlying the dominant Westphalian model of state foundation.
Derived from Latin through French souveraineté, its attainment and retention, in both Chinese and Western culture, has traditionally been associated with certain moral imperatives upon any claimant.
Different approaches
The concept of sovereignty has been discussed throughout history, from the time before recorded history through to the present day. It has changed in its definition, concept, and application throughout, especially during the Age of Enlightenment. The current notion of state sovereignty contains four aspects consisting of territory, population, authority and recognition. According to Stephen D. Krasner, the term could also be understood in four different ways: domestic sovereignty – actual control over a state exercised by an authority organized within this state, interdependence sovereignty – actual control of movement across state's borders, assuming the borders exist,

The Roman jurist Ulpian observed that:
The imperium of the people is transferred to the Emperor.
The Emperor is not bound by the law.
The Emperor's word is law. Emperor is the law making and abiding force.
Ulpian was expressing the idea that the Emperor exercised a rather absolute form of sovereignty, although he did not use the term expressly.
Medieval
Classical Ulpian's statements were known in medieval Europe, but sovereignty was an important concept in medieval times.
A later English Arthurian romance, The Wedding of Sir Gawain and Dame Ragnell, uses many of the same elements of the Wife of Bath's tale, yet changes the setting to the court of King Arthur and the Knights of the Round Table. The story revolves around the knight Sir Gawain granting to Dame Ragnell, his new bride, what is purported to be wanted most by women: sovereignty.
Reformation
Sovereignty reemerged as a concept in the late 16th century, a time when civil wars had created a craving for stronger central authority, when monarchs had begun to gather power onto their own hands at the expense of the nobility, and the modern nation state was emerging. Jean Bodin, partly in reaction to the chaos of the French wars of religion, presented theories of sovereignty calling for strong central authority in the form of absolute monarchy. In his 1576 treatise Les Six Livres de la République Bodin argued that it is inherent in the nature of the state that sovereignty must be: argued, "the growth of the State giving the trustees of public authority more and means to abuse their power, the more the Government has to have force to contain the people, the more force the Sovereign should have in turn in order to contain the Government," with the understanding that the Sovereign is "a collective being of wonder" resulting from "the general will" of the people, and that "what any man, whoever he may be, orders on his own, is not a law" – and furthermore predicated on the assumption that the people have an unbiased means by which to ascertain the general will. Thus the legal maxim, "there is no law without a sovereign."

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