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Political Theology ( Chapters 1 + 2 )

by: Remedythe Williams

Political Theology ( Chapters 1 + 2 ) PSCI100

Marketplace > Drexel University > PSCI > PSCI100 > Political Theology Chapters 1 2
Remedythe Williams
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About this Document

Includes notes taken from the reading.
Introduction to Politics
Professor Elva Orozco-Mendoza
Class Notes




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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


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