Sovereignty in Historical Context for Self-Sovereign Identity - Nat...

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Sovereignty in Historical Context
Natalie Smolenski
SVP Business Development
Learning Machine
@NSmolenski
www.nataliesmole...

Animating Question
What Is
Sovereignty?
A theory about the nature and derivation of
power in human societies.
Theories of ...

Animating Question
What Is
Sovereignty?
Most states claim their sovereignty derives from
transcendental ideals like God(s)...

Mediaeval Political Theology
SSIMeetup.org

– Paul, Letter to the Romans, 13:1 (NIV)
“Let everyone be subject to the governing authorities,
for there is no authority ...

– The Norman Anonymous, c. 1100
“He said ‘Render unto Caesar the things that are
Caesar’s,’ and did not say ‘unto Tiberius...

All Power Derives from God
● Norman Anonymous: 11th-12th century cleric.
● Power is a property of the NATURE of a thing.
●...

The Investiture Struggle
● Sparked by Pope Gregory VII’s
insistence on the pope’s sole
right to appoint bishops.
● Dictatu...

The Investiture Struggle
● Resolved by Concordat of
Worms, 1122 CE:
● Emperors may no longer
appoint bishops, but they
pre...

Introduction of Roman Law
● Justinian: Roman Emperor
(r. 527 - 565)
● Corpus Juris Civilis: Rewriting of Roman Law
complet...

Introduction of Roman Law
● Gratian: Canon lawyer
from Bologna. (12th
Century)
● Decretum Gratiani
● Sources: Roman law, t...

Sovereign: Above & Subject to Law
● John of Salisbury (1120 - 1180):
English philosopher and Bishop of
Chartres. Wrote Pol...

Sovereign: Above & Subject to Law
● Frederik II: Holy Roman Emperor (r. 1212-1250)
● Liber Augustalis: collection of Sicil...

Law Is Sovereign, But Can’t Bind the King
● Henry of Bracton (1210-1268)
● On the Laws and Customs of England
● The King i...

– Henry of Bracton (13th Century)
“[What has pleased the Prince is Law]—that is, not what
has been rashly presumed by the ...

13th Century Baronial Wars
● Unpopular English Kings: John; his son, Henry III; and his
son, Edward I; faced multiple rebe...

Split: Feudal vs. Fiscal
● FEUDAL: King’s private property
● FISCAL: property of the State (public,
communal, semi-holy)
●...

Sovereign: Property-Owning (Collective) Subject
● “Corpus Republicae mysticum,” the mystic body
politic, based on “corpus ...

Is Sovereignty Unitary or Plural?
● Medieval notions of sovereignty were often totalizing,
yet plural. Led to constant con...

Modern Sovereignty
SSIMeetup.org

Sovereignty: Modern Definitions
● Merriam Webster, 2018:
● a : supreme power especially over a body politic
● b : freedom ...

Is Sovereignty Unitary or Plural?
● Modern notions of sovereignty can be described as more unitary than mediaeval notions:...

What Limits the Unitary Sovereign?
● Niccolò Macchiavelli (1469 - 1527)
● Sovereignty is a good in and of itself. It
means...

What Limits the Unitary Sovereign?
● Hugo Grotius (1583 - 1645)
● Sovereignty is limited by Natural Law, a set of
general ...

What Limits the Unitary Sovereign?
● John Locke (1632 - 1704)
● Sovereignty is self-limiting, because it is based on a
two...

What Limits the Unitary Sovereign?
● Baron de Montesqueue (1632 - 1704)
● Sovereignty doesn’t have to be, but should
be, l...

Self-Limiting Sovereignty: Constitutionalism
● Constitutionalism: representatives of a Sovereign entity
develop a framewor...

Absolute Sovereignty: Constitutionalism
● Constitutionalism is often mistakenly equated with self-limiting sovereignty.
● ...

Questioning Sovereignty Today
SSIMeetup.org

Sovereignty: Power Alone, or Also Responsibility?
● Does Sovereignty carry a moral imperative in addition to the
character...

Contingent Sovereignty
● Today, some humanitarian interventionists argue that heads of State
can “default” on their sovere...

Contingent Sovereignty Raises Questions
● Who arbitrates whether the Sovereign has failed to secure the
public good? On wh...

The Next Chapter
Takeaways
A Sovereign body politic may endure indefinitely
without either a constitution or separation of...

The Next Chapter
Next Questions
If not necessarily through governance vehicles
like a constitution or separation of powers...

Principles of Sovereign Cohesion
● 1. War
● Hegel: War tests whether the State can hold as a sovereign collective. Soverei...

Connect to follow the evolution of this project
Thank you
Natalie Smolenski
SVP Business Development
Learning Machine
@NSm...

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