Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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Popular Sovereignty in Early Modern Constitutional Thought (Paperback)
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Popular Sovereignty in Early Modern Constitutional Thought (Paperback)
Series: Oxford Constitutional Theory
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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 Francois 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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