Early modern state formation or <i>gute Policey</i>? The good order of the community

Romein, Christel Annemieke

doi:10.1080/0268117x.2022.2111339

Cited by 3 publications

(1 citation statement)

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“…In a similar vein, legal historians of state formation have highlighted the role of early modern representative bodies in setting the legal framework for society and the economy. The creation, implementation, enforcement, and maintaining of ordinances aimed at coercing society toward the common good, or Policey , went through unprecedented changes in this period (Romein, 2022). After the religious conflicts of the sixteenth century, secular institutions were issuing laws and attempting closer regulation of social behaviour through most of Europe from the seventeenth century onwards (Bonney, 1991; Simon, 2004).…”

Section: History Of State Formationmentioning

confidence: 99%

Early modern parliamentary studies: Overview and new perspectives

et al. 2022

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In this essay, we call for a new approach to representative assemblies of early modern Europe and beyond. While there are vast national historiographies on their legal constitutional structure, little effort has been made to reconstruct the cultural and transnational dimension of such bodies, a phenomenon we describe as 'parliamentary culture'. We argue that there is much to be gained from an investigation of the culture surrounding these bodies-how they influenced and shaped political behaviour and were shaped by it, and how they were embedded into the thought of their time and period-and from seeing them as part of a set of common European traditions of political negotiation and consent. We suggest an interdisciplinary and collaborative agenda for that investigation that might lead beyond Europe too, into some of its colonies, where Europeans also encountered other traditions of negotiated discussion and agreement.

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Section: History Of State Formationmentioning

confidence: 99%

Early modern parliamentary studies: Overview and new perspectives

et al. 2022

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Why Westphalia Still Matters: Territorial Rights under Empire

Mueser

2024

International Studies Review

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Territory is a distinctive feature of modern international politics, but there is little consensus over what about it is distinctively modern. Recent scholarship in historical international relations (IR) takes modern territoriality to be defined by the practice of creating and enforcing borders. Scholarship therefore dismisses the 1648 Peace of Westphalia, once thought to be the origin of the sovereign territorial state, because it did not change border practices. However, this approach ignores legal history. I argue that territory is a legal concept, and a history of modern territoriality must explain under what conditions rulers expressed their authority as territorial in nature. This article explains why the legal evolution of territorial rights (landeshoheit, iure territorii) in early modern Europe was distinctive of the Holy Roman Empire (HRE). While national monarchies asserted their “sovereignty” as non-territorial in order to capture overseas empires, the HRE developed a legal doctrine of territorially circumscribed jurisdiction within the imperial hierarchy. The Peace of Westphalia was a culminating event in which diverse privileges were recast as a single territorial right. Territorial autonomy was not only consistent with the hierarchy of the HRE but was fundamental to preserving it. This article has two contributions. First, it adds to recent scholarship on modern territoriality by explaining how legal history furnished the preconditions for ruling territory. Second, it places Westphalia and the empire’s legal history within the recent turn toward empire in historical IR. An important source for the development of international law was the internal constitution of the HRE. This prompts us to reconsider the notion that international law assumes a world of sovereign territorial states. On the contrary, early international law concerned territorial states nested within imperial hierarchy, not the anarchy of sovereignty.

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"Models of the World"—"Talking about Change"?

Flüchter

2024

Comparing and Change

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Early modern state formation or gute Policey? The good order of the community

Cited by 3 publications

References 36 publications

Early modern parliamentary studies: Overview and new perspectives

Early modern parliamentary studies: Overview and new perspectives

Why Westphalia Still Matters: Territorial Rights under Empire

"Models of the World"—"Talking about Change"?

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