Political Theology ( Chapters 1 + 2 )
Political Theology ( Chapters 1 + 2 ) PSCI100
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This 2 page Class Notes was uploaded by Remedythe Williams on Wednesday October 12, 2016. The Class Notes belongs to PSCI100 at Drexel University taught by Professor Elva Orozco-Mendoza in Fall 2016. Since its upload, it has received 2 views. For similar materials see Introduction to Politics in PSCI at Drexel University.
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Date Created: 10/12/16
Chapter 1: Definition of Sovereignty “Sovereign is he who decides on the exception” Borderline concept: concept pertaining to the outermost sphere Exception a general concept in theory of the state o Not just a construct applied to any emergency decree or state of siege General norm cannot encompass a total exception Exception best characterized as a case of extreme peril—danger to the existence of the state or something similar o Cannot be made to fit to a preformed law “sovereignty is the absolute and perpetual power of the republic” o Jean Bodin o To what extent is the sovereign bound to laws, and to what extent is he bound to the estates? Commitments are binding because they rest on natural law In emergencies the tie to general natural principles ceases o Reduced analysis of relationships between sovereign and estates to either/or o Posed that some cases of violation of commitments to estates would be necessary Sovereign would need to be prepared to have consul or senate take power from him and vice versa General agreement that every party wants a good general in the times of crisis Sovereignty lies in deciding what the norms are and when they are disturbed Every legal order based on a decision Liberal constitutional state attempts to repress the question of sovereignty by a division and mutual control of competences If individual states no longer have the power to declare the exception, they are no longer states All law is “situational law” Sovereign has monopoly over final decision Exception reveals the essence of the state’s authority o Authority proves that to produce law it need not be based on law Chapter 2: The Problem of Sovereignty as the Problem of Legal Form and of the Decision Changes to public law influenced by practical perspectives of the day o Traditions modified to serve an immediate purpose Concept of sovereignty most governed by interests Old definition: sovereignty is the highest, legally independent, underived power o A formula, not an adequate expression of reality Connection of actual power to the legally highest power is the fundamental problem to the concept of sovereignty o Must specify essential juristic elements To obtain unadulterated purity of ascriptions to norms, sociological elements left out of juristic concept State is legal order itself o Neither the source or the creator of legal order State is a system of ascriptions to a last point of ascriptions and to a basic norm Highest competence traceable only to the sovereign order in the unity of the system of norms o Only points of ascription for juristic consideration Point – order that cannot be further derived The basis for the validity of a norm can only be a norm o State identical to its constitution “the unity of the viewpoint of cognition demands peremptorily a monistic view” Kelsen o Systematic unity: independent act of juristic perception o concept of sovereignty must be radically repressed Krabbe o Doctrine of law is either a record of what is already real or a postulate that ought to be realized o Replaces personal force with spiritual power o State does not manifest itself in applying the making the law State confined to producing law o Ascertain legal value of interest from the people’s feelings or sense of right o Double limitation of law On the declaratory but by no means constitutive act of ascertaining