On Sovereignties in Islamic Legal History

2012 ◽  
Vol 4 (2-3) ◽  
pp. 265-305 ◽  
Author(s):  
Anver M. Emon
Keyword(s):  
International Law ◽  
Political Theory ◽  
Legal History ◽  
Legitimate Authority ◽  
Law And Politics ◽  
Islamic Thought ◽  
Competing Ideas ◽  
Islamic Legal History

The concept of sovereignty has posed important challenges in the ongoing debates and discourses on Islam and international law. This essay illustrates how sovereignty reflects competing ideas about legitimate authority by examining and exploring distinct debates in Islamic thought, all of which share a concern about the nature, scope, and contours of legitimacy and authority. This article does not offer a prescriptive argument for a robust notion of sovereignty in Islam, nor does it attempt to judge the Islamic past pursuant to contemporary strands of political theory. Rather, it explores various strands of historical Islamic intellectual debate that traverse the realms of theology, law and politics in order to reflect on the conditions of different sovereignties and their relationship to one another.

From Crusades to Colonization: Violence in Secular and Religious Political Theory

2019 ◽  
Vol 1 ◽  
pp. 1-21
Author(s):  
Xavier Scott
Keyword(s):  
Political Philosophy ◽  
Modern Philosophy ◽  
Early Modern ◽  
International Law ◽  
Political Theory ◽  
John Rawls ◽  
State Power ◽  
Charles Taylor ◽  
Medieval Period ◽  
Beliefs And Values

This paper examines the transition in political philosophy between the medieval and early-modern periods by focusing on the emergence of sovereignty doctrine. Scholars such as Charles Taylor and John Rawls have focused on the ability of modern-states to overcome conflicts between different religious confessionals. In contrast, this paper seeks to examine some of the peace-promoting features of Latin-Christendom and some of the conflict-promoting features of modern-secular states. The Christian universalism of the medieval period is contrasted with the colonial ventures promoted by the Peace of Westphalia. This paper’s goal is not to argue that secularism is in fact more violent than religion. Rather, it seeks to demonstrate the major role that religion played in early modern philosophy and the development of sovereignty doctrine. It argues against the view that the modern, secular state is capable of neutrality vis-à-vis religion, and also combats the view that the secular nature of modern international law means that it is neutral to the different beliefs and values of the world’s peoples. These observations emphasize the ways in which state power and legitimacy are at the heart of the secular turn in political philosophy. 

Religious Zionism, Jewish Law, and the Morality of War

2017 ◽  
Author(s):  
Robert Eisen
Keyword(s):  
International Law ◽  
Legitimate Authority ◽  
Jewish Law ◽  
Jewish State ◽  
Moral Issues ◽  
Law And Ethics ◽  
Present Book ◽  
History Of ◽  
State Of Israel ◽  
Morality Of War

When the state of Israel was established in 1948, it was immediately thrust into war, and rabbis in the religious Zionist community were challenged with constructing a body of Jewish law to deal with this turn of events. Laws had to be “constructed” here because Jewish law had developed mostly during prior centuries when Jews had no state or army, and therefore it contained little material on war. The rabbis in the religious Zionist camp responded to this challenge by creating a substantial corpus of laws on war, and they did so with remarkable ingenuity and creativity. The work of these rabbis represents a fascinating chapter in the history of Jewish law and ethics, but it has attracted relatively little attention from academic scholars. The purpose of the present book is therefore to bring some of their work to light. It examines how five of the leading rabbis in the religious Zionist community dealt with key moral issues in the waging of war. Chapters are devoted to R. Abraham Isaac Kook, R. Isaac Halevi Herzog, R. Eliezer Waldenberg, R. Sha’ul Yisraeli, and R. Shlomo Goren. The moral issues examined include the question of who is a legitimate authority for initiating a war, why Jews in a modern Jewish state can be drafted to fight on its behalf, and whether the killing of enemy civilians is justified. Other issues examined include how the laws of war as formulated by religious Zionist rabbis compares to those of international law.

Sovereignty

2019 ◽  
Author(s):  
Hermann Heller
Keyword(s):  
International Law ◽  
Political Theory ◽  
Weimar Republic ◽  
Political System ◽  
Popular Sovereignty ◽  
Liberal Democracies ◽  
National Sovereignty ◽  
Nation States ◽  
The People ◽  
Pluralistic World

This 1927 work addresses the paradox of sovereignty, that is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt who seek to dissolve the paradox, this text sees the tensions that the paradox highlights as an essential part of a society ruled by law. Sovereignty, in the sense of national sovereignty, is often perceived in liberal democracies today as being under threat, or at least “in transition,” as power devolves from nation states to international bodies. This threat to national sovereignty is at the same time considered a threat to a different idea of sovereignty, popular sovereignty—the sovereignty of “the people”—as important decisions seem increasingly to be made by institutions outside of a country’s political system or by elite-dominated institutions within. This text was written in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, it shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

scholarly journals Bruno Leoni’s Concept of Law and Representation in The Cyber Age: A Cybernetic Model

2020 ◽  
Vol 3 (1) ◽  
pp. 56-65
Author(s):  
Mario De Benedetti
Keyword(s):  
Political Theory ◽  
Social Order ◽  
Information Society ◽  
The Political ◽  
Digital Information ◽  
Political Arena ◽  
Cybernetic Model ◽  
Norbert Wiener ◽  
Law And Politics ◽  
Concept Of Law

AbstractThe purpose of this article is to contextualize Bruno Leoni’s political theory within the Digital Information Society, a new dimension of public participation in the political arena and a sign of the democratic transition through new forms of involvement by public opinion. In particular, the evolution of the Information Society will be briefly examined starting from the studies of Fritz Machlup, considered its progenitor, to pass to the examination of the Leonian concept of law and politics in the technological society, with reference to Norbert Wiener and Karl Deutsch’s cybernetic theory. This paper will attempt to describe the evolutive process of political participation in democratic society by reinterpreting the thought of Bruno Leoni concerning Democracy, the State and the homo telematicus in the digital social order.

Roman Law

2018 ◽  
Author(s):  
Clifford Ando
Keyword(s):  
International Law ◽  
Late Antiquity ◽  
Legal History ◽  
Public Law ◽  
Roman Law ◽  
Classical Period ◽  
National Context ◽  
Historical Factors ◽  
Medieval Europe ◽  
Contemporary Study

Roman law has been a system of practice and field of academic study for some 2,400 years. Today, the field enjoys unprecedented diversity in terms of linguistic, disciplinary, and national context. However, the contours of contemporary study are the product of complex and imbricated historical factors: the non-codification by the Romans of the classical period of their own public law; solutions taken in the classical period and later to resolve conflicts among sources of law of very different antiquity; the codification in late antiquity of academic jurisprudence regarding private law; the on-going prestige of Roman civil law in medieval and late medieval Europe, which made it a resource for analogical argumentation in both public and international law; and much else besides. This chapter evaluates the contribution made by some of these factors to Roman legal history as a contemporary endeavour, with an eye to its future.

scholarly journals Book Review: Islam: A Worldwide Encyclopedia

2017 ◽  
Vol 57 (2) ◽  
pp. 151
Author(s):  
Paul Fehrmann
Keyword(s):  
International Law ◽  
Common Ground ◽  
Controversial Issues ◽  
Islamic Studies ◽  
Law And Politics ◽  
Wide Range ◽  
Senior Researcher ◽  
Shed Light ◽  
Academic Debate

It is clear that the world of Islam is profoundly important, and also that there are wide and conflicting views on Islam today. Similarly, it seems clear that we should pursue efforts to promote the understanding of Islam. In response, a goal of the four volume Islam: A Worldwide Encyclopedia (IAWE) is to give “basic information on Islam” and to “shed light” on “controversial issues” (xxvii). In his opening comments, the editor, a Professor of International Law and Politics at Eskişehir Osmangazi University and Senior Researcher at the Wise Men Center for Strategic Research in Turkey, notes that there have been “a wide range of different interpretations and variations of Islam throughout history” (xxvii). He suggests that Muslims need to revive the “strong tradition of academic debate” that was integral to Islamic studies “in early decades of Islam,” and affirms support for the “diverse and plural nature of contemporary Islamic scholarship” (xxviii). At the same time, he is concerned that “disputed issues” may lead to “biases and stereotypes in the minds of Western people,” and hopes that this new resource can both “contribute to the pursuit of a common ground” between those of different faiths, and help a Western audience become more familiar with what Islam has to offer (xxviii).

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