Sovereignty and the New Executive Authority

Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy at the University of Pennsylvania, and Director of the Center for Ethics and the Rule of Law, University of Pennsylvania. She has published extensively in the areas of criminal law theory, moral and political philosophy as applied to legal questions, jurisprudence, and rational choice theory. One of her distinctive contributions is bringing philosophical rational choice theory to bear on legal theory. She has focused in recent years on the implications of Hobbes' political theory for substantive legal questions. She is the series editor, with Jens Ohlin, of the Oxford Series in Ethics, National Security and the Rule of Law. Within that series, she has co-edited three volumes to date: Targeted Killings: Law & Mortality in an Asymmetrical World (2012), Cyberwar: Law and Ethics for Virtual Conflicts; and Weighing Lives in War (2017). She is also the editor of Hobbes on Law (2005).Michael Skerker is an associate professor in the Leadership, Ethics, and Law department at the U.S. Naval Academy. His academic interests include professional ethics, just war theory, moral pluralism, theological ethics, and religion and politics. Publications include works on ethics and asymmetrical war, moral pluralism, intelligence ethics, and the book An Ethics of Interrogation (2010). He is currently working on a book Soldiers and Soldiers: The Moral Equality of Combatants which defends the post-Westphalian idea of the moral equality of combatants. The manuscript won the 2013 Charles Sharp Memorial Prize for best unpublished work on military ethics.

• Foreword by Alberto MoraTable of ContentsContributorsIntroduction by Claire FinkelsteinPART I: The Intellectual Roots of Sovereignty1. Hobbes on Sovereign Authority: How the Right of Nature Becomes Sovereign Right David Gauthier 2. Kant on the Right and Duty of SovereigntyJacob Weinrib3. Sovereignty and FreedomWilliam E. O'Brian Jr. PART II: SOVEREIGNTY in the Present Age: Modern Executive Authority In a Constitutional Democracy4. Defining and Constraining the Sovereign: "The Most Difficulty of All Tasks"Charles Fried5. Sovereignty and the Power of the SovereignChristopher Morris6. Locating Sovereignty in Systems of Divided and Limited GovernmentS.A. Lloyd7. The Publian President in the 21st CenturySanford LevinsonPART III: Vertical Sovereignty: Presidential Powers and National Security8. The Imperial Presidency and the Rule of LawClaire Finkelstein9. A Two-Level Account of Executive AuthorityMichael Skerker10. Transparency and Executive AuthorityChris Naticchia11. Secret Laws and TribunalsLarry MayPart IV: Horizontal Sovereignty: International Relations and War12. Logically Private Laws: Legislative Secrecy in 'The War on Terror'Duncan MacIntosh13. A Global Practice-based Conception of Domestic SovereigntyAaron James 14. Contract, Treaty, and SovereigntyMatthew Lister15. National Insecurity: Democracy, War, and Popular SovereigntyAlexander GuerreroIndex