Author: haroonkhan

After a rather lengthy discussion on the pluralists’ criticism of sovereignty, we may now turn to some other trends or approaches, which besides being critical to the state and sovereignty also, at times, reject the necessity of state and sovereignty. These criticisms may involve: (i) pluralistic arguments based on groups like professional and economic associations…

Our critical evaluation of the pluralist theory may assess it as a critique of the monist theory of sovereignty and as a theory of a pluralist state. The advocates of the monist doctrine of sovereignty focused on legal functions of the State at the cost of exclusion of social forces, which determine the content and…

The adherents of the traditional concept of sovereignty maintain that legally, international law and treaty obligations do not constitute legal limitations on the state’s sovereignty. This is primarily due to the fact that they are at most, self-restricted as ‘voluntary assent of the state is necessary to their binding validity and that assent once given…

In line with the pluralist position, Laski supports the independent and prior existence of associations in society as compared to the State. According to Laski, ‘The state is only one among may forms of human association and as compared with the other associations, has no superior claims to the individual’s allegiance.’82 The State becomes as one…

Laski makes a distinction between the State as a concept and its reflection in practice as government. Government for all practical purposes invokes the power of the State and makes decisions, issues orders and enforces obedience. Thus, power of the State is expressed in the government. Laski says, ‘A theory of State … is essentially a…

Laski’s rejection of sovereignty and absolutist state begins with the criticism of the monist theory of sovereignty. He employs three grounds for refuting monist concept of sovereignty and these do not necessarily involve pluralistic arguments. His criticism is based on three grounds—historical, legal and political. In his Grammar of Politics and Foundations of Sovereignty, Laski provides refutations of…

The pluralist position of Professor Laski of the London School of Economics and Political Science is found in his various writings. He has waged a multi-sided attack on the concept of sovereignty of the State. However, he is also the one who subsequently reconsidered his position on the State and has shown a shift from…

Hobbes, Austin and others talk about sovereign authority of the State. Underlying principle in this is that power is an important ingredient of the State. However, MacIver holds that power in itself has no meaning for the State unless it is lawful. He says, ‘in the last resort force can be entrusted to the State,…

MacIver declares that conception of unlimited sovereignty is ‘dangerously false’. He rejects the concept of legal sovereignty as propounded by Austin. The monist concept of sovereignty derives it force from the formulation that sovereign is the source of all law and is omnipotent. Since sovereignty is characteristic of the state, it is also all-powerful. We…

From this primacy of society and social needs of human beings, flows another logical argument that supports the pluralist’s view. MacIver asserted that social forms like families or churches or clubs, owe neither their origin nor their sustenance to the State. For him, associations in society serve different interests of human beings and that include…