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Sovereignty: Outline of a
Conceptual History
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426 Sovereignty: Outline of a Concepfual History
histories used the drafting and adoption of the Constitution of the United
States as a self-evidentlydecisive moment of change for a host of political
concepts? Although most of the essays attended to arguments quite
specifically, the concepts about which these arguments were conducted
have a fleeting, almost disembodied character-where they came from,
what finally happened to them, and how they might have been connected
are questions that the collection’s format inhibits its contributors from
trying to answer.
The first of these collections does not include sovereignty among its
fourteen concepts. Closest is Quentin Skinner’s “The State,” in which
he concluded that the state had become the “master noun of political
argument”by the mid-eighteenth century. Thereupon “a number of other
concepts bearing on the analysis of sovereignty had to be reorganized
or in some cases given up.”loThis is an exceptionallyperceptivejudgment,
but not one that Skinner pursued. The other collection offers two
conceptual histories of sovereignty in the late-eighteenthcentury context
of the founding of the United States-history that necessarily turns on
the arguments over the distribution of powers in a federal republic.”
While this is an important strand in the story, to render it coherently
hardly suffices for the larger need to put sovereignty’s relation to
modernity in conceptual perspective.
I suspect that doing justice to a full-scale conceptual history of
sovereignty would yield results that differ from Hinsley’s only in
emphasizing the mutability of political discourse. The complexity of that
discourse would stand reaffirmed, and we would still lack the perspective
necessary to look back across several centuries of modernity. What those
of us in the field of international relations need is the sketchier sort
of conceptual history-an outline that imposes coherence at sacrifice
to detail while marking more closely the moments of conceptual change.
Such an outline follows. It presents the history of the concept of sovereignty
in three sections, the first of which makes conceptual stability its theme.
By examining the standard definition of sovereignty,this section sketches
the political organization of modernity in the most general terms.
The two remaining sections turn to the moments of conceptual change
bounding sovereignty’s long history as “an essentially uncontested
concept.”” More precisely, the next section depicts sovereignty’s
conceptual antecedents and their fusion in the crucible of modernity.
This it does by reference to four distinctive idioms of political thought,
two of which fell into a distinctly secondary position as modernity came
into its own.’’ The last section suggests that modernity’s problematic
condition today is matched by the declining intelligibility of the concept
of sovereignty. In some measure, that decline corresponds to a renewal
of political discourse in idioms long reduced in significance. Perhaps
Conceptual Antecendents
the perennial concern of all those who must confront their counterparts.
Who has more power? What are my powers? The construction of a new
world-a world of states-did not require a new language of politics.
It called only for an adapted language-the idiom of statecraft-which
soon combined with an unrelated language-the liberal political idiom
of rights-to provide modernity the political means for its planetary
extension.
The modern concept of sovereignty has three antecedents, each
reflecting the priorities of different political idioms, and all of them
fusing in the crucible of Western Europe’s transformation into a world
of states. The first of these antecedents follows from the republican
embrace of the great chain of being. It is conveyed in the Latin word
mujestus, which, as it happens, is more often translated as “sovereignty”
than any other Latin word.S8More obviously, mujestas means “majesty,”
and it clearly refers to the awe-inspiring formality and dignity of some
political arrangement, or person in a corporate sense. Majesty is not
to be confused with “charisma,” as used by Max Weber to describe one
way that rule (in Weber’s German, Herrschaff) acquires legitimacy?’
Charisma refers to awe-inspiring qualities some individual must display
to become or remain ruler. When those qualities are imputed to the
I conditions of rule, and then accorded to any individuai who happens
to rule, Weber held that charisma becomes routinized. It may even become
“the charisma ofoff~.~’40 To put the matter differently, when awe survives
the individual inspiring it, majesty results and ceremony reigns.
In principle, majesty is not just divisible, it is divi&d--but only among
corporate persons. The great chain of being insures as much, because
it is the ascending series itself that follows a divine, awe-inspiring plan.
Furthermore, corporate persons each must perfect the form of
organization most suited to their own level, which suggests that majesty
would have a distinctive character at each level in the series. Although
the majesty of the highest level would surely exceed that of lower levels,
perhaps to a great and impressive degree, it nonetheless cannot be said
to be final or absolute, thereby excluding the possibility of majesty,
however modest, at other leveIs.
Sovereignty’s second conceptual antecedent is conveyed by the Latin
word imperium. Typical English translations are “supreme administrative
power,” “rule,” and “dominion.”“ Note also that imperium is the Latin
term for empire, meaning specifically the Roman Empire. Because the
Roman Empire grew out of the republic, traces of the latter remained,
including the idea that rule was a constitutional matter, however great
the powers of the emperor or capricious his conduct44Imperium, then,
is rule by rules, and not domination by brute force. So understood, rule
is nevertheless coercive, for the rules in question are never discretionary
many other developments, not the least being the smoothness of the
transition itself.
Rule is the second element in the modern conception of sovereignty.
Once decoupled from majesty, rule is subject not to division, but to
bounding. Rule remains supreme but within a more limited scope defined
by the presumption that states do only those tasks best done by states.
Indisputably, two tasks continue to fit this description: States are still
needed to make and maintain security as a public service, and states
remain the most effective vehicle for extracting and distributing revenues
generally required for the provision of public goods and services.
More than any others, these two tasks were decisive for the state’s
ascendancy in the first place, because they are inextricably linked to
each other and to territory?e Nothing in late-modern experience points
to a practical alternative, for all the perils of arrangements that promote
perpetual insecurity among states as securityproviders.As RobertJackson
has contended, it may well be that many states exist today only because
of the majesty conferred on them through the recognition and support
of other state^.^' Nevertheless, to deny majesty to these states on grounds
that they cannot rule effectivelywould eventuate only in their replacement
by states with more suitable territorial configurations.
If states are likely to persist as coercive organizations because of the
coupled need for security and revenue, nothing prevents the complex
of other tasks for which the modern state has assumed primary
responsibility to be discharged by organizationsthat have only a nominal
relation to the state. The modernist would argue that this is precisely
what has happened. Large bureaucratic organizations gain access to
revenues in the name of the state but disburse them in the performance
of tasks that, although authorized for or by the state, are without the
state’s effective control. Furthermore,these organizations are tied together
in networks that override the conventionallymodern distinction between
public and private spheresof activity,not to mention subnational,national,
and trans- or international levels of administrativeactivity.For modernists,
the point is that administrative personnel, whatever the formalities of
their employment, actually work for and identify with the functional
domains for which they provide technical expertise.
Statesprovide an important but no longer exclusive umbrella of suppoq’
for vast administrative apparatuses providing a wide range of functionally
demarcated goods and services. It has become unhelpful to consider
these goods and services “public” if that term is taken to refer to the
state as finally responsible for their production and distribution. Nor
is it helpful to consider these goods public in the formal sense that
they are uniformly available to the public, for they are selectivelyprovided
to particular constituencies with the help of elaborate formulas. They
are public only in the sense that the adminismtive personnel providing
them share the conviction that they act on behalf of the public as they
perform their specialized tasks.
With only modest exaggeration, we might call these many adminis-
trators a class, perhaps even a ruling class, of global proportions. They
are the product of bourgeois prosperity and protracted, professionally
oriented educations, which endow them with cosmopolitanliberal values,
an abstract appreciation of the common good, and a strong sense of
the relation between vocational commitment and personal worth. They
see themselves as the virtuous agents of a less virtuous public-a public
too ready to squander the benefits of modernity or succumb to its
afflictions?8 In short, they constitute themselves as planetary stewards
in a time of need that they alone are capable of recognizing, much
less addressing.
In the circumstances of late modernity, sovereignty’s third element,
once severed from the other two, has become a property less of states
than of a class whose existence the state made possible. Agency remains
within the vicinity of the state-beneath states, above them, and all around
t g m . Agents of the common good pride themselves in their anonymity;
miesiy is for others. They rule with rules so numerous and connected
that they require administration, not enforcement, to work. In Michel
Foucault’s more chilling, postmodern rendition of these circumstances,
disciplinaryprofessionals produce the same effects by defining normality
and correcting deviance through pervasive supexvision and intexvention-
ary techniques?* They, too, conceive of themselves as agents of the
common good, and never the state’s instruments of bodily harm. Perhaps
they, too, should be counted as stewards in the new republic of virtue.
Notes
developed from the sixteenth century onwards” (p. 20). but confined his
discussion largely to events.
4. E H. Hinsley, Soum‘ign~(New York Basic Books, 1966).
5. To say that Hinsley’s account of sovereignty as an idea is “largely
atheoretical,” as Walker has, perhaps unfairly imputes to Hinsley a theoretical
objective. R B. J. Walker, “Security, Sovereignty, and the Challenge of World
Politics,” Alternatives. 15 (Winter 1990): 25 (n. 5).
6. Terence Ball, Transfonning Political Discourse: Political Theory and Critical
Conugtual History (Oxford Basil Blackwell, 1988), pp. 8-9 See also James Farr,
“Understanding Conceptual Change Politically,” in Ball et al., eds., Rditical
Innmation and Conceptual Change (Cambridge: Cambridge University Press, 1989).
p. 29: “when we acknowledge that practices are constituted by concepts, we remind
ourselves how very much of language is ‘in’ the political world and how decisive
this is for our understanding of it“ (Farr’s emphasis).
7. Ball, note 6, p. 13.
8. Ball et al., note 6, p. 10.
9. Terence Ball and J. G. A. Pocock, eds., Conugtwl Change and the Constitution
(Lawrence: University Press of Kansas, 1988).
10. Quentin Skinner, ‘The State,” in Ball et al., note 6, p. 123.
11. See Peter S. Onuf, “State Sovereignty and the Making of the Constitution,”
in Ball and Pocock, note 9, pp. 78-98, in which “state” refers to the several
states constituting the United States after 1776. See also Carry Wills, “James
Wilson’s New Meaning for Sovereignty,” in Ball and Pocock, note 9, pp. 99-
106.
12. This felicitous formulation is from R B. J. Walker, “Sovepignty, Identity,
Community: Reflections on the Horizons of Contemporary Political Practice,”
in R B. J. Walker and Saul H. Mendlovitz, eds., Contending Sovereignties: &&fining
Political Community (Boulder: Lynne Rienner, 1990). p. 159. See also Ball, note
6, p. 15, in which Ball states, “Not all concepts have been, or could be, contested
at all times. Conceptualcontestation remains a permanent possibility,even though
it is, in practice, actualized only intermittently.”
13. Isaac Kramnick identified these idioms as such in the context of “The
‘Great National Discussion’: The Discourse of Politics in 1787,” William and Mary
Quarterly, 3rd series, 45 (January 1988): 3-32, while demonstrating their more
general relevance to the political discourse of the early modern world
14. The first version of this paper ended with a discussion of the United
States and Japan, the former emblematically modern and the latter obliquely
challengingsovereignty’s conceptual coherence without presenting an immediate,
substantive challenge to the United States as modernity’s guarantor. That
discussion was relatively superficial, speculative, and, conceptually speaking, one-
sided.
15. Nicholas Greenwood Onuf, World of Our Making: Rules and Rub in Social
Theory and Intemutwnal Relations (Columbia: University of South Carolina Press,
1989).
16. Hinsley, note 4, p. 26.
17. Hans J. Morgenthau, Politics Among Nations: Thc Struggh for Power and
Peau, 4th ed. (New York Alfred A. Knopf, 1967), p. 299.
18. bid., p. 302.
19. N. G. Onuf, note 15, pp. 197-200.
20. Alan James, Soucregn Statehood: The Basis of International sociay (London:
Allen and Unwin, 1986), pp. 37-45.
.. . 4 . Majesty, grandeur.”
39. Max Weber, Economy and Society: An Outline of InterpretiveSociology,Guenther
Roth and Claus Wittich, eds. (Berkeley and Los Angeles: University of California
Press, 1978);Vol. l, pp. 214,241-245; Vol. 2, pp. 1111-1120.
40. Ibid., Vol. 1.p. 248 (Weber’s emphasis); see also Vol. 2, pp. 1139-1141.
41. Oxford Latin Dictionary, note 38, pp. 843-844.
42. Hinsley, note 4, pp. 36-44.
43. John Austin, The Awince of Jurisprudence Determined and the Uses of the
Study ofJurkprudente (London: Weidenfeld and Nicolson, 1954),pp. 13,19 (Austin’s
emphasis). I have argued elsewhere that there are three primary categories
of rules. The rules just described fall into one of these categories and result
in a hierarchical form of rule, which for present purposes I perhaps too simply
call “rule.” The two other categories of rules result in other forms of rule.
Practically speaking, political arrangements always combine rules from all three
categories in a mixed form of rule. N. G. Onuf, note 15, ch. 2,6.
44. Otto Gierke, The Development of Political Theory, Bernard Freyd, trans. (New
York W. W. Norton, 1939), p. 155.
45. Ibid. On popular sovereignty, see generally pp. 143-240; see also Otto
Gierke, Political Theories of the Middle Age, Frederic William Maitland, trans.
(Cambridge: Cambridge University Press, 1968), pp. 37-61; and Quentin Skinner,
The Foundations of Moden Political Thought, Vol. Two: The Age of t h Reformation
(Cambridge: Cambridge University Press), pp. 332-348.
46. Oxford Latin Dictiona3 note 38, pp. 1512-1513,1635.
47. Ibid., pp. 1626,1635.
48. Jean Bodin, The Six Books o f a Chmmonweale, a facsimil reprint of the
English translation of 1606, supplemented and corrected in ight of a new \
comparison with the French and Latin texts, Kenneth McRae, e d (Cambridge,
Mass.: Harvard University Press, 1962).
49. Ibid., Appendix B, p. A75.
50. We should not conclude, however, that Machiavelli understood the state
in a fully modern sense. See J. H. Hexter, The W o n of Politics on the Eve of
the Reformation: More, Machiavelli, and Seyssel (New York Basic Books, 1973). pp.
150-172; Skinner, note 10, pp. 102-110; Skinner, note 45, pp. 353-354; and Harvey
Mansfield, Jr., “On the Impersonality of the Modern State: A Comment on
Machiavelli’s Use of Stato,” American Political Sciace Rmku, 77: 4 (1983): 849-
857.
51. Indicatively,Althusius (see notes 35 and 38) argued in Latin against Bodin,
and for popular sovereignty, in the framework of an ascending series of
corporations, which he developed more systematically than any other writer
then or later. His reward was three centuries of oblivion. Leibniz wrote much
more in Latin than German. His follower, Wolff, wrote only in Latin, and Wolffs
self-proclaimed follower, Emmerich de Vattel, wrote in French. With Vattel’s tc
dmit des gar (1758), competing arrangements disappeared. In Pufendorfs Latin
(see note 32) they are transmuted into a discussion of “irregular systems,” and
in 1781 they reappear, virtually unrecognizable, as the “compound republic” of
the United States. See further, Nicholas Onuf, “Constitutive Premises of the
American Founding,” in Peter Onuf, Extending the Republic: Feahal Republicanism
and a New World Or&, 1776-1815 (Madison, Wisc.: Madison House, forthcoming).
52. I am thinking here of Marilyn Ferguson, The Aquarian Conspiracy:Personal
and Social Transformationin the 1980s (Los Angeles: J. F! Tarcher, 1980); or William
Irwin Thompson, P m f k Sh$ (San Francisco: Sierra Club, 1985).