Priban, Jiri  ORCID: https://orcid.org/0000-0002-4760-6734
2021.
The paradoxical value of sovereignty in post-sovereign society.
Santos Campos, Andre and Cadilha, Susana, eds.
Sovereignty as Value,
London:
Rowman & Littlefield,
pp. 91-108.
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Abstract
In this chapter, I start by analysing internal paradoxes of sovereignty and critically dealing with normative critical and speculative uses of sovereignty. I subsequently focus on the problem of value pluralism in modern society, national identity and state-building to demonstrate internal paradoxes of the modern concept of sovereignty. Criticising social and political theories of values and cultural integration, I draw on functional differentiation of modern society and use the autopoietic social systems theory to discuss the semantic value of sovereignty beyond normative and speculative theories of society. I use the process of European integration and constitution of the EU’s transnational legal and political systems to argue that persistence of the semantics of sovereignty in post-sovereign European society shows sovereignty’s value in the sense of its capacity to semantically support operations of the legal and political systems independently of structures and limitations of the nation state as typical modern organisation of sovereign power. Sovereignty is a more general category than statehood because it persists and continues to be used by lawyers, politicians and the general public even in contemporary supranational and transnational globalised society. Its value, rather than offering ultimate normative and functional resolutions to the legitimacy dilemmas, is intrinsic to the systems of positive law and politics. It semantically organises their internal self-validation and self-constitution. The persuasive force and semantic value of sovereignty, therefore, paradoxically increases in post-sovereign political and legal structures of globalised society.
| Item Type: | Book Section |
|---|---|
| Date Type: | Publication |
| Status: | Published |
| Schools: | Cardiff Law & Politics |
| Subjects: | K Law > K Law (General) |
| Publisher: | Rowman & Littlefield |
| ISBN: | 978-1-78661-587-9 |
| Related URLs: | |
| Last Modified: | 25 Apr 2024 14:45 |
| URI: | https://orca.cardiff.ac.uk/id/eprint/166636 |
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