Sovereignty and Responsibility: Power, Norms and by Jeremy Moses (auth.)

By Jeremy Moses (auth.)

This booklet is a severe research of the idea that of sovereignty and its dating to accountability. It establishes a transparent contrast among empirical and normative definitions of sovereignty and examines the consequences of those recommendations in terms of intervention, foreign legislations, and the area state.

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Extra info for Sovereignty and Responsibility: Power, Norms and Intervention in International Relations

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12) directly puts it, ‘the norm is destroyed in the exception’. This claim draws on the writings of Søren Kierkegaard, who is credited by Schmitt in Political Theology as stating that ‘[t]he exception explains the general and itself. And if one wants to study the general correctly, one only needs to look around for a true exception. It reveals everything more clearly than does the general’ (Schmitt 1985, p. 5 Or, in Paul Kahn’s words, ‘we can only understand an exception by reference to the norm.

Julian Franklin, for example, maintains that Bodin’s argument on the indivisibility of sovereignty is illogical, fallacious, ‘naïve’, ‘mistaken’ and ‘based on serious confusions’ (Franklin 1973, pp. 27–52; 1992, p. xx). Franklin’s strong criticisms, I will argue, make sense only if the extreme situation or emergency is set aside and the assumption is made that constitutional arrangements defining divisions of power and authority will always function in a consistent, legal manner. For Schmitt, as we shall see below, the exception, properly understood, necessarily implies an exceeding of the legal norm.

T]he prerogatives of sovereignty’, he claims, ‘are indivisible’: For the part that has power to make law for everyone – that is, to command or forbid whatever it pleases without anyone being able to appeal from, or even oppose its commands – that part, I say, will forbid the others to make peace or war, to levy taxes, or to render fealty and homage without its leave; and he to whom fealty and liege homage is due will obligate the nobility and people to render homage to no one but himself. Hence it must always come to arms until such time as sovereignty resides in a prince, in a lesser part of the people, or in all the people.

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