Month: January 2023

Ideas and formulations of Gierke and Maitland (doctrine of real personality), William James (multi-verse and plurality of ideas), Durkheim and Boncour (professional and occupational associations), Bentley (interest groups) have in one way or the other influenced the pluralist criticism of the monist theory of sovereignty. A brief survey of the views and writings of the exponents of political pluralism may help us understand… Continue reading Views of exponents of political pluralism

From our survey of the underlying principles of political pluralism, we can identify various basis on which the pluralists have attacked and criticized the theory of sovereignty in general and the monist theory of sovereignty in particular. These include historical, social, economic, legal, political, philosophical and international bases.21 Historical basis: Pluralism finds a parallel in the… Continue reading Basis of pluralism

Pluralists maintain that as far as international law is concerned, state is not legally unlimited in its external relations to other states. Further, internationalism and international organizations having allegiance reaching beyond the limits of the State are also discernable. Hugo Krabbe (The Modern Idea of the State) tends to extend his idea ot law as outcome of the… Continue reading International law and internationalism limits sovereignty

As a logical fallout of their argument for existence of multiple interests in society, pluralist thinkers advocate decentralization of authority. Developments in the field of political federalism add yet another dimension in the pluralistic arguments for federal nature of authority. Writers like Sidney and Beatrice Webb, G. D. H. Cole and H. J. Laski have… Continue reading Prominence to political federalism and decentralization of authority

Despite putting limitations on sovereignty, pluralists assign the State the role of a thereby required to serve the purpose of securing common interest by taking cognizance of interests of all the groups and associations. In the process of public service or social service, the State assumes the role of a coordinator and facilitator of common… Continue reading State as coordinator of interests in society

Political pluralism views the State not in terms of power or sovereignty but essentially in terms of purpose and the end it serves or should serve according to R. M. MacIver, Leon Duguit and Hugo Krabbe. According to MacIver, service is the end of the state and power is its means. Since the service of… Continue reading Characteristic of the State: Not power or sovereignty but the purpose or end it serves

Sociological jurists like Léon Duguit (France) and Hugo Krabbe (Holland) have put forward the doctrine of law not emanating from the sovereign but has location in society. This denies sovereign being the source of law, let alone the sole source of law. As such, the State is neither a creator of law nor beyond it. Duguit, for example,… Continue reading Society not the state as the source of law

Doctrine of real or juristic/corporate personality of groups Otto Van Gierke, a German jurist and F. W. Maitland, an English legal historian, are considered to have given a theoretical basis of political pluralism in the last quarter of the nineteenth century. We may call it Gierke-Maitland thesis, which enunciates the doctrine of real/juristic personality of groups/corporations. The underlying… Continue reading Features of Political Pluralism and Its Underlying Principles

The monist theory of sovereignty (of Bodin, Hobbes and Austin) is characterized by legal supremacy and absoluteness. Rousseau’s concept of General Will also adds to its absoluteness and comprehensiveness. According to monists, ‘the State exists to enact and apply law and that the State can not itself be subjected to limitations of the same character… Continue reading Possible Reasons for Emergence of Doctrine of Political Pluralism

Political pluralism often invokes the dynamics of power and authority in its critiques of monist theory of sovereignty. Legally, sovereignty has been accepted as bestowing the supreme law-making power to the State. However, whether by virtue of this legal supremacy, sovereignty also subsumes supreme political power or authority. If yes, then what are its manifestations?… Continue reading Sovereignty, Power and Authority