POLS 3652 Lecture Notes - Geopolitics, Georg Jellinek, Legal Personality

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24 Oct 2013
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Legal person has the capacity to be vested with rights and obligations. Individuals, companies, and corporate bodies are the primary subjects in municipal systems: states are the solution to contemporary problems. States are equal but are in fact different in terms of power. The origin of the state can be traced back to the 16th century with the peace of westphalia. It was the birth of an international system based on a plurality of independent states: reshaping of understanding of sovereignty. The term sovereignty was introduced to political science by j. bodin (1529-1596: westphalia did not create states because this idea was put forward before by bodin. It is an absolute power within a state without limits or restrictions: there is nothing beyond or above the state. Misunderstanding of bodin because he states that if sovereignty is an absolute power then it is in fact limited by the law of nature.

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