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What is the nature of sovereignty according to Rousseau's system of thought?
What is the nature of sovereignty according to Rousseau's system of thought?
Which concept is often identified as an exception to the indivisibility of sovereignty?
Which concept is often identified as an exception to the indivisibility of sovereignty?
According to A.L. Lowell, what can coexist within the same territory?
According to A.L. Lowell, what can coexist within the same territory?
How does the federal structure in India differ from that in the USA?
How does the federal structure in India differ from that in the USA?
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What does 'power' emanate from in the context of sovereignty?
What does 'power' emanate from in the context of sovereignty?
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Which statement best describes the relationship between sovereignty and power?
Which statement best describes the relationship between sovereignty and power?
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What result does a division of sovereignty lead to?
What result does a division of sovereignty lead to?
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Which of the following statements aligns with the principle of sovereignty in a federal state?
Which of the following statements aligns with the principle of sovereignty in a federal state?
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What does Rousseau identify as the two main reasons for commending popular sovereignty?
What does Rousseau identify as the two main reasons for commending popular sovereignty?
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According to the content, what is the significant distinction that must be made in practical politics?
According to the content, what is the significant distinction that must be made in practical politics?
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What is implied by Rousseau's view on sovereignty when a sovereign is not bound by duty?
What is implied by Rousseau's view on sovereignty when a sovereign is not bound by duty?
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How does Rousseau's philosophy suggest we view 'will' and 'reason'?
How does Rousseau's philosophy suggest we view 'will' and 'reason'?
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According to the content, what is necessary for democracy to function effectively?
According to the content, what is necessary for democracy to function effectively?
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What warning did Aristotle provide regarding power?
What warning did Aristotle provide regarding power?
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What misconception do some thinkers have regarding popular sovereignty?
What misconception do some thinkers have regarding popular sovereignty?
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What does Rousseau caution about his philosophy?
What does Rousseau caution about his philosophy?
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How does acting on actual will differ from acting on real will?
How does acting on actual will differ from acting on real will?
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What is the potential consequence of individuals acting on their actual will?
What is the potential consequence of individuals acting on their actual will?
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What does the general will represent in a community?
What does the general will represent in a community?
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What does Rousseau imply by stating, 'A man can be forced to be free'?
What does Rousseau imply by stating, 'A man can be forced to be free'?
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What is the role of self-discipline in the context of real will?
What is the role of self-discipline in the context of real will?
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What is the primary role of sovereignty in relation to the state?
What is the primary role of sovereignty in relation to the state?
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Which of the following statements best reflects the nature of sovereign power?
Which of the following statements best reflects the nature of sovereign power?
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What did Jean Bodin contribute to the concept of sovereignty?
What did Jean Bodin contribute to the concept of sovereignty?
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How does the United Nations Charter relate to the concept of sovereignty?
How does the United Nations Charter relate to the concept of sovereignty?
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What happens to the legitimacy of sovereign power when it fails to consider social values and public interest?
What happens to the legitimacy of sovereign power when it fails to consider social values and public interest?
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In the context of sovereignty, what does 'domestic jurisdiction' refer to?
In the context of sovereignty, what does 'domestic jurisdiction' refer to?
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What key idea did Aristotle provide regarding power in relation to governance?
What key idea did Aristotle provide regarding power in relation to governance?
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Why is the concept of sovereignty important in international relations?
Why is the concept of sovereignty important in international relations?
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What is the main concept introduced by Johannes Althusius regarding sovereignty?
What is the main concept introduced by Johannes Althusius regarding sovereignty?
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How does Rousseau differentiate between the will of the individual and the will of the community?
How does Rousseau differentiate between the will of the individual and the will of the community?
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What does Rousseau refer to as 'actual will'?
What does Rousseau refer to as 'actual will'?
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What is a significant difference between Hobbes' and Rousseau's views of sovereignty?
What is a significant difference between Hobbes' and Rousseau's views of sovereignty?
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According to Rousseau, what does 'real will' involve?
According to Rousseau, what does 'real will' involve?
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In the context of popular sovereignty, what role do representatives play according to Althusius?
In the context of popular sovereignty, what role do representatives play according to Althusius?
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What consequence does acting on 'actual will' have according to Rousseau?
What consequence does acting on 'actual will' have according to Rousseau?
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Which phrase best captures Rousseau’s concept of the general will?
Which phrase best captures Rousseau’s concept of the general will?
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Study Notes
Concept of Sovereignty
- Sovereignty has internal and external aspects.
- Internally, it establishes the state's supremacy over individuals and associations
- Externally, it upholds the state's independence from other states in international relations.
- Each sovereign state is considered equal in international law, regardless of its size or economic power
- The UN Charter recognizes the principle of sovereign equality of all its members and a sphere of 'domestic jurisdiction' reserved to each member state
- As an absolute power, sovereignty is unlimited and perpetual but not arbitrary.
### Historical Development
- Jean Bodin was the first to systematically formulate the concept of sovereignty.
- In ancient times, Aristotle discussed supreme power within various forms of government, but not sovereignty as he believed the ruler was limited by law.
Popular Sovereignty
- Rousseau argued that sovereignty should be based on the will of the people and exercised for the public good.
- Unfortunately, some thinkers equated the right of the sovereign with the duty, leading to absolutism and totalitarianism.
Distinguishing State from Government
- Popular sovereignty may be attributed to the state (an abstract entity).
- Government, composed of individuals, is fallible and may misuse power even when elected.
- Democracy relies on a 'constitutional government' that checks the power of officeholders.
Rousseau's Concept of General Will
- Rousseau separated the will of an individual (particular will) from the will of the community (general will).
- Particular will can either align with or oppose the general will.
- Actual will reflects an individual's momentary self-interest, while real will involves self-discipline for the common good.
- Acting on actual will can lead to conflict, whereas acting on real will promotes harmony and common interest.
- Individual freedom is not impeded by the general will and can be seen as forcing someone to be free by acting for the common good.
- The general will is harmonious and reflects the common denominator of the real will of all members of the community.
- It reflects the true will of all members of the community.
Indivisibility of Sovereignty
- Sovereignty cannot be divided or shared among different individuals or groups.
- It must be vested in a single body that issues final commands.
- Division of sovereignty leads to inconsistent, conflicting commands, contradicting the very concept of sovereignty.
Federalism as an Exception
- Federalism involves the allocation of powers between federal and state governments.
- A.L. Lowell argued that two sovereigns can exist within the same territory, issuing commands concerning different matters.
- The US Supreme Court declared that the US is sovereign over delegated powers while each state is sovereign over reserved powers.
Resolving the Paradox
- Distinguish between sovereignty and power to resolve the paradox of federalism.
- Sovereignty resides in the state, while power is assigned to the government.
- Power can be exercised by different organs of government (legislative, executive, and judicial).
- The pattern of power exercise varies depending on the government's organization.
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Description
Explore the multifaceted concept of sovereignty, covering its internal and external aspects within a state's authority. Delve into the historical evolution of sovereignty from Aristotle to Rousseau, examining the shift toward popular sovereignty and its implications in modern governance.