Law and Sovereignty

J. Roland Pennock

American Political Science Review, 1937, vol. 31, issue 4, 617-637

Abstract: Political theorists have spilt much ink in controversies over “sovereignty,” while probably even more effort has been devoted to discussion of the nature of law. It cannot be said that the result of all this activity has been to produce a body of generally accepted doctrine, or even that it has greatly clarified the field of discussion. On the contrary, misunderstandings and the abuse of terms have contributed greatly to a general fog.The real issue raised by the pluralists is much more than a question of logic. They challenge the premises of their opponents. They deal largely with the question of the limits of political obligation. With that we are not here concerned. The primary purpose of this article is to search for a meaning of “law” that will at once contribute to the clarification of the question as to the nature of law and aid in the determination of the most helpful legal signification of the term “sovereignty.” The accomplishment of this purpose should aid in settling the incidental questions of the nature of “constitutional law,” the possibility of “nullifying” law, and the status of “international law.”The two subjects—law and sovereignty—are frequently treated independently, but they are so inter-related as to render such treatment inadequate. A brief examination of the controversy over “sovereignty” will demonstrate how it ultimately resolves itself into a question of the definition of law.

Date: 1937
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