Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Lowe legislation jp
Sealy millman 2018 jp
Desmith out now
Uk supremem 1 8
Williams published
Luba housing

UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual credit cards will not be charged until the order is processed and ready to despatch.

Any Sweet & Maxwell or Lexis eBook orders placed after 4pm on the Friday 25th May will not be processed until Tuesday May 29th. UK orders for other publishers will be processed as normal. All non-UK eBook orders will be processed on Tuesday May 29th.

Hide this message

Popular Sovereignty in Early Modern Constitutional Thought


ISBN13: 9780198745167
Published: February 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £60.00
Paperback edition not yet published, ISBN13 9780198824237



In stock.

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.

Subjects:
Constitutional and Administrative Law, Legal History, Jurisprudence
Contents:
Introduction: Popular Sovereignty, Constitutionalism, and the Civil Law

PART I
1. The Lex Regia: The Theory of Popular Sovereignty in the Roman Law Tradition
2. The Medieval Law of Peoples

PART II
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

PART III
5. The Roman Law Foundations of Bodin's Early Doctrine of Sovereignty
6. Jean Bodin, Popular Sovereignty, and Constitutional Government

PART IV
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 English Constitutional Thought

Conclusion

Series: Oxford Constitutional Theory

Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198824237
To be published October 2018
Oxford University Press
£29.95
Beyond the People: Social Imaginary and Constituent Imagination ISBN 9780198799092
To be published June 2018
Oxford University Press
£60.00
The Metaethics of Constitutional Adjudication ISBN 9780198808084
Published December 2017
Oxford University Press
£60.00
Law and Revolution: Constitutionalism after the Arab Spring ISBN 9780198768890
Published November 2017
Oxford University Press
£60.00
Unconstitutional Constitutional Amendments: The Limits of Amendment Powers ISBN 9780198768791
Published February 2017
Oxford University Press
£60.00
Constitutional and Political Theory: Selected Writings ISBN 9780198714965
Published January 2017
Oxford University Press
£70.00
The Cosmopolitan Constitution ISBN 9780198797944
Published October 2016
Oxford University Press
£24.99
Constitutionalism: Past, Present, and Future ISBN 9780198766124
Published September 2016
Oxford University Press
£60.00
Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State ISBN 9780198759072
Published April 2016
Oxford University Press
£60.00
Post Sovereign Constitutional Making: Learning and Legitimacy ISBN 9780198755982
Published March 2016
Oxford University Press
£60.00
The Cultural Defense of Nations: A Liberal Theory of Majority Rights (eBook) ISBN 9780191646447
Published November 2015
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
Buy
The Cultural Defense of Nations: A Liberal Theory of Majority Rights ISBN 9780199668687
Published November 2015
Oxford University Press
£50.00
Constitutional Courts and Deliberative Democracy ISBN 9780198759454
Published October 2015
Oxford University Press
£24.99
The Three Branches: A Comparative Model of Separation of Powers ISBN 9780198738084
Published March 2015
Oxford University Press
£28.99
The Global Model of Constitutional Rights ISBN 9780198738077
Published January 2015
Oxford University Press
£28.99
Constituting Economic and Social Rights ISBN 9780198727897
Published October 2014
Oxford University Press
£28.99
The Cosmopolitan Constitution (eBook) ISBN 9780191030925
Published July 2014
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
Buy
The Cosmopolitan Constitution ISBN 9780199651535
Published July 2014
Oxford University Press
£58.00
The Structure of Pluralism: On the Authority of Associations (eBook) ISBN 9780191655661
Published March 2014
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
Buy
The Structure of Pluralism: On the Authority of Associations ISBN 9780199673889
Published March 2014
Oxford University Press
£61.00
Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780198713968
Published February 2014
Oxford University Press
£30.49
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780198713951
Published January 2014
Oxford University Press
£30.49
Constitutional Courts and Deliberative Democracy ISBN 9780199670451
Published December 2013
Oxford University Press
£61.00
Constitutional Courts and Deliberative Democracy (eBook) ISBN 9780191650178
Published December 2013
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
Buy
Fault Lines of Globalization: Legal Order and the Politics of A-Legality ISBN 9780199601684
Published October 2013
Oxford University Press
£61.00
The Cosmopolitan State ISBN 9780199682423
Published May 2013
Oxford University Press
£65.00
The Cosmopolitan State (eBook) ISBN 9780191504983
Published May 2013
Oxford University Press
£46.67 + £9.33 VAT
(ePub)
Buy
After Public Law ISBN 9780199669318
Published May 2013
Oxford University Press
£65.00
The Three Branches: A Comparative Model of Separation of Powers ISBN 9780199602117
Published March 2013
Oxford University Press
£65.00
The Three Branches: A Comparative Model of Separation of Powers (eBook) ISBN 9780191651618
Published March 2013
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
Buy
The Global Model of Constitutional Rights ISBN 9780199664603
Published October 2012
Oxford University Press
£71.00
The Global Model of Constitutional Rights (eBook) ISBN 9780191642180
Published October 2012
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
Buy
The Constitutional State ISBN 9780199659937
Published September 2012
Oxford University Press
£35.49
The Constitutional State (eBook) ISBN 9780191637254
Published September 2012
Oxford University Press
£24.16 + £4.83 VAT
(ePub)
Buy
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199659968
Published September 2012
Oxford University Press
£35.49
Constituting Economic and Social Rights ISBN 9780199641932
Published August 2012
Oxford University Press
£71.00
Constituting Economic and Social Rights (eBook) ISBN 9780191639746
Published August 2012
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
Buy
Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780199592791
Published April 2012
Oxford University Press
£71.00
£20.82 + £4.16 VAT
(ePub)
Buy
Constitutional Fragments: Societal Constitutionalism and Globalization (eBook) ISBN 9780191629341
Published February 2012
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
Buy
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780199644674
Published February 2012
Oxford University Press
£65.00
Twilight of Constitutionalism? ISBN 9780199651993
Published January 2012
Oxford University Press
£35.49
Sovereignty's Promise: The State as Fiduciary ISBN 9780199698318
Published December 2011
Oxford University Press
£67.00
Sovereignty's Promise: The State as Fiduciary (eBook) ISBN 9780191630217
Published December 2011
Oxford University Press
£45.83 + £9.17 VAT
(ePub)
Buy
The Constitutional State ISBN 9780199585014
Published December 2010
Oxford University Press
£68.00
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199228317
Published October 2010
Oxford University Press
£68.00
Twilight of Constitutionalism? (eBook) ISBN 9780191633669
Published February 2010
Oxford University Press
£24.16 + £4.83 VAT
(ePub)
Buy
Twilight of Constitutionalism? ISBN 9780199585007
Published February 2010
Oxford University Press
£81.00