The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

CHAPTER VII CLASSIFICATION OF STATES

92. Double Classification of States. -- From the standpoint of International Law, States may be doubly classified into Sovereign and Part-Sovereign; and into Simple, Composite and Dependent.

93. Sovereign States and Sovereignty Defined. -- Sovereign States are those which are fully autonomous and independent, i.e. relatively free from higher or outside control -- a freedom not fully enjoyed by Part-Sovereign States. Sovereignty1 is one and the same power, will, or capacity

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1
It is not necessary for our purpose to enter into any discussion of the many and complicated theories respecting the nature of sovereignty which have been held since the term was introduced into political science by Bodin in 1576. His definition of sovereignty as "supreme power over citizens and subjects, unrestrained by the laws," is still perhaps the best, as it is certainly the simplest that has ever been formulated. Bodin, De republica, lib. 1, cap. 8. But, as pointed out by Borchard in History of Political Theories (ed. Merriam and Barnes, 1924), p. 125, Bodin, "while an absolutist in the internal aspect of sovereignty, viewed external sovereignty as subject to the Law of Nations". Cf. Garner, in 19 Am. Pot. Sci. Rev. ( 1925), 4. (On Bodin, see especially Coker, Readings in Pol. Philosophy, 1914, pp. 225 ff; Dunning, From Luther to Montesquieu, 1905, ch. 3; and the select references given in Coker and Dunning, pp. 236-37 and 123 respectively).

Grotius (lib. I, cap. III, § 7) defined sovereignty as "the power whose acts are not subject to the control of another, so that they may be made void by the act of any other human will." For other definitions, see Garner, Introd to Pol. Science ( 1910), 239.

A few recent publicists like Duguit, Laski and Follett deny the sovereignty as well as the personality of the State. Duguit, the leading representative of this pluralistic school, substitutes the ideas of solidarity and public services which he declares to be the fundamental facts of human society. 1 Duguit, Etudes de droit public ( 1901), Introduction and ch. 1, and Law in the Modern State ( 1919), Introduction and chs. 1-2. Cf. Follett, The New State ( 1918), passim; Gettell, Hist. of Pot. Thought ( 1924), ch. 29; Laski, Problem of Sovereignty ( 1917) passim, and Foundations of Sovereignty ( 1921) , Essay I. See also Barker, "The Discredited State", in 5 Political Quarterly ( Feb., 1915); Ellis, "The Pluralistic State", in 14 Am. Pot. Sci. Rev. ( 1920), 393 ff.; "Guild Socialism and Pluralism"," in 17 Am. Pot. Sci. Rev,. ( 1923), 585 of.; and Sabine, "Pluralism," in the same volume, 34-40. For an excellent review of "Pluralistic Theories," see Coker, in Merriam and Barnes, Hist. of Political Theories ( 1924), ch. 3. For a vehement attack upon the doctrine of sovereignty as applied in International Law, see Edmunds, The Lawless Law of Nations ( 1925),

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