S. Sovereignty, Rule of Law and Human Rights

Since the founding of liberal constitutional states there have been tensions between claims of sovereignty and the rule of law and respect for human rights. Views of sovereignty as constitutionally unchecked power conflict both with the rule of law and human rights, although authoritarian regimes adjust the "rule of law" to mean "rule by law." The purpose of this course is first to examine some seminal texts from the history of political thought - Hobbes, Locke, Kant and Rousseau- and then to turn to 20th century and contemporary writers such as Judith Shklar, Carl Schmitt, Hans Kelsen, Jeremy Waldron, Richard Tuck and others as they reflect on these issues. Some recent US Supreme Court decisions regarding sovereign immunity will also be discussed.
Admission to the course requires instructor permission Please write to Professor Benhabib at [email protected] by August 30, 2025 with a brief paragraph introducing yourselves and indicating your relevant background for the course.