A copy of this work was available on the public web and has been preserved in the Wayback Machine. The capture dates from 2019; you can also visit the original URL.
The file type is application/pdf
.
Finding the "Sovereign" in "Sovereign Immunity": Lessons from Bodin, Hobbes, and Rousseau
2017
Critical Review
The doctrine of "sovereign immunity" holds that the U.S. government cannot be sued without its consent. This is not found in the Constitution's text; it is justified on philosophical grounds as inherent to being a sovereign state: a sovereign must be able to issue commands free from constraint. The sources of this understanding of sovereignty-Hobbes, Bodin, and others-are, in turn, condemned by opponents of sovereign immunity as absolutists whose doctrines are incompatible with limited,
doi:10.1080/08913811.2017.1403730
fatcat:xhjbplnhmna4vh5ztr3bvmd6gi