TY - JOUR
T1 - Understanding sovereignty through Kelsen/Schmitt
AU - Suganami, Hidemi
N1 - Suganami, Hidemi, 'Understanding Sovereignty through Kelsen/Schmitt', Review of International Studies (2007) 33(3) pp.511-530
RAE2008
PY - 2007/7
Y1 - 2007/7
N2 - Kelsen and Schmitt, two leading legal theorists of the twentieth century, constitute a powerful pair that sheds light on the intertwining of politics and law in the phenomenon of sovereignty. Although their conceptions of sovereignty are far apart, they are interconnected as different ways of making sense of the same social phenomenon, or what I call the ‘practice of sovereignty’, whereby an ultimately unauthorised authority continuously authorises itself as the authority and the rest by and large accept this, acquiesce in this, or are made to do so. Having clarified their differences and interconnection, I explore some of the implications of the two writers’ differing conceptions of sovereignty and of the practice of sovereignty that underlie them.
AB - Kelsen and Schmitt, two leading legal theorists of the twentieth century, constitute a powerful pair that sheds light on the intertwining of politics and law in the phenomenon of sovereignty. Although their conceptions of sovereignty are far apart, they are interconnected as different ways of making sense of the same social phenomenon, or what I call the ‘practice of sovereignty’, whereby an ultimately unauthorised authority continuously authorises itself as the authority and the rest by and large accept this, acquiesce in this, or are made to do so. Having clarified their differences and interconnection, I explore some of the implications of the two writers’ differing conceptions of sovereignty and of the practice of sovereignty that underlie them.
U2 - 10.1017/S0260210507007632
DO - 10.1017/S0260210507007632
M3 - Article
SN - 0260-2105
VL - 33
SP - 511
EP - 530
JO - Review of International Studies
JF - Review of International Studies
IS - 3
ER -