Sovereignty, the Corporate Religious, and Jurisdictional/Political Pluralism

39 Pages Posted: 21 Feb 2016

See all articles by Jean Cohen

Jean Cohen

Columbia University - Department of Political Science

Date Written: February 19, 2016

Abstract

This paper analyzes the structure of jurisdictional political pluralist thought, its critique of "monist" and "plenary" state sovereignty, its defense of the sovereignty of religious nomos groups and the "exogenous" constraints these allegedly place on civil law. While criticisms of the modernist understanding of state sovereignty have merit, I challenge the neo-medieval alternative proposed by Muniz-Fraticelli and the permeable model offered Abner S. Greene. I argue for a different "post-modern" conception, one that does not relinquish the achievements of democratic constitutionalism, or underestimate the distinctive normative authority of public power and civil law based on democratic legitimacy, the ideal of popular sovereignty and liberal principles of justice.

Keywords: sovereignty, jurisdictional/political pluralism, monism, pluralism, permeable sovereignty, constitutionalism, post-modern sovereignty, democratic legitimacy

Suggested Citation

Cohen, Jean, Sovereignty, the Corporate Religious, and Jurisdictional/Political Pluralism (February 19, 2016). Available at SSRN: https://ssrn.com/abstract=2735048 or http://dx.doi.org/10.2139/ssrn.2735048

Jean Cohen (Contact Author)

Columbia University - Department of Political Science ( email )

7th Floor, International Affairs Bldg.
420 W. 118th Street
New York, NY 10027
United States

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