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 The manuscript won the 2013 Charles Sharp Memorial Prize for best unpublished work on military ethics.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 Mora
Table of Contents
Contributors
Introduction by Claire Finkelstein
PART I: The Intellectual Roots of Sovereignty
1. Hobbes on Sovereign Authority: How the Right of Nature Becomes Sovereign Right
David Gauthier
2. Kant on the Right and Duty of Sovereignty
Jacob Weinrib
3. Sovereignty and Freedom
William E. O'Brian Jr.
PART II: SOVEREIGNTY in the Present Age: Modern Executive Authority In a Constitutional Democracy
4. Defining and Constraining the Sovereign: "The Most Difficulty of All Tasks"
Charles Fried
5. Sovereignty and the Power of the Sovereign
Christopher Morris
6. Locating Sovereignty in Systems of Divided and Limited Government
S.A. Lloyd
7. The Publian President in the 21st Century
Sanford Levinson
PART III: Vertical Sovereignty: Presidential Powers and National Security
8. The Imperial Presidency and the Rule of Law
Claire Finkelstein
9. A Two-Level Account of Executive Authority
Michael Skerker
10. Transparency and Executive Authority
Chris Naticchia
11. Secret Laws and Tribunals
Larry May
Part IV: Horizontal Sovereignty: International Relations and War
12. Logically Private Laws: Legislative Secrecy in 'The War on Terror'
Duncan MacIntosh
13. A Global Practice-based Conception of Domestic Sovereignty
Aaron James
14. Contract, Treaty, and Sovereignty
Matthew Lister
15. National Insecurity: Democracy, War, and Popular Sovereignty
Alexander Guerrero
Index