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INSOMNIA AND OTHER CONSTITUTIONAL PATHOLOGIES

Published online by Cambridge University Press:  04 September 2017

JEFFREY LENOWITZ
Affiliation:
Department of Politics, Brandeis University E-mail: lenowitz@brandeis.edu
MELISSA SCHWARTZBERG
Affiliation:
Wilf Family Department of Politics, New York University E-mail: ms268@nyu.edu

Extract

The publication of Richard Tuck's 2012 Seeley Lectures constituted an important event in intellectual history and political theory. The Sleeping Sovereign reflects the depth of Tuck's nearly forty years of historical inquiry into the concepts of rights, reason of state, and freedom, beginning with Natural Rights Theories. The leading member of the “Cambridge school” of the study of the history of political thought in the United States, and the Frank G. Thomson Professor of Government at Harvard University, Tuck combines a contextualist, and often intertextualist, approach to the interpretation of canonical works with a theorist's attention to the value these works retain for contemporary political life.

Type
Review Essays
Copyright
Copyright © Cambridge University Press 2017 

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Footnotes

A prior version of this essay was presented at a conference on The Sleeping Sovereign at Yale University at 7 April 2017. We thank Isaac Nakhimovsky for the invitation to comment on the work and Richard Tuck for his generous response to the discussion, and are grateful to Bryan Garsten, Sam Moyn, and Sophie Smith for their thoughts on that draft. We also thank Duncan Kelly and the editorial team at Modern Intellectual History for the invitation to review the work and for their advice.

References

1 Tuck, Richard, Natural Rights Theories (Cambridge, 1979)CrossRefGoogle Scholar.

2 Richard Tuck, “The Left Case for Brexit,” Dissent magazine, 6 June 2016, at www.dissentmagazine.org/online_articles/left-case-brexit.

3 Elster, Jon, Sour Grapes: Studies in the Subversion of Rationality (Cambridge, 1983), 45–6.CrossRefGoogle Scholar

4 National Institute of Health, publication No 17-3440c, “Brain Basics: Understanding Sleep,” at www.ninds.nih.gov/Disorders/Patient-Caregiver-Education/Understanding-Sleep, accessed 24 May 2017.

5 Rousseau, Jean-Jacques, Of the Social Contract (1762), in Rousseau: The Social Contract and Other Later Political Writings, ed. and trans. Gourevitch, Victor (Cambridge, 1997), 39152Google Scholar, Book III, chap. 4, 91.

6 Ibid., II.6, 67.

7 Holmes, Stephen, Passion and Constraint: On the Theory of Liberal Democracy (Chicago, 1995).Google Scholar

8 Bodin, Jean, Six Bookes of a Commonweale, trans. Knowles, Richard (London, 1606)Google Scholar, Book IV, chap. 3, 470. Lee, Daniel, Popular Sovereignty in Modern Constitutional Thought (Oxford, 2016)CrossRefGoogle Scholar, 193; Lee, “‘Office Is a Thing Borrowed’: Jean Bodin on Offices and Seigneurial Government,” Political Theory 41/3 (2013), 409–40, at 418.

9 Lee, “‘Office Is a Thing Borrowed,’” 419.

10 Rousseau, Social Contract, I.7, 52.

11 Jean-Jacques Rousseau, Geneva Manuscript, in Rousseau: The Social Contract and Other Later Political Writings, 153–61, Book II, chap. 4, 160.

12 Rousseau, Jean-Jacques, Constitutional Project for Corsica, in Rousseau: Political Writings, ed. and trans. Watkins, Frederick (Madison, 1986) 275330, at 289Google Scholar.

13 Schwartzberg, Melissa, “Rousseau on Fundamental Law,” Political Studies 51/2 (2003), 387403CrossRefGoogle Scholar.

14 Rousseau, Of the Social Contract, IV.1, 121.

15 Ibid., III.15, 113.

16 Ibid., III.15, 114.

17 See Grotius, Hugo, The Rights of War and Peace, ed. Tuck, Richard (Indianapolis, 2005), 546Google Scholar n. 2 (Book II, chap.V, xvii); Pufendorf, Samuel, Of the Law of Nature and of Nations, 4th edn, trans. Kennet, Basil (London, 1729), 648–9Google Scholar (Book VII, chap. II, xvi).

18 Schwartzberg, Melissa, “Voting the General Will: Rousseau on Decision Rules,” Political Theory 36/3 (2008), 403–23.CrossRefGoogle Scholar

19 Rousseau, Of the Social Contract, IV.ii, 125.

20 Ibid., IV.ii, 125.

21 Ibid., III.10, 106.

22 Ibid., III.13, 111.

23 Ibid., III.10, 106.

24 Ibid., III.11, 109.

25 Lenowitz, Jeffrey, “‘A Trust That Cannot Be Delegated’: The Invention of Ratification Referenda,” American Political Science Review 109/4 (2015), 803816CrossRefGoogle Scholar, at 813.

26 Binzer Hobolt, Sara, “Taking Cues on Europe? Voter Competence and Party Endorsements in Referenda on European Integration,” European Journal of Political Research 46/21 (2007), 151–82CrossRefGoogle Scholar, at 154.

27 Clarke, Harold D. and Kornberg, Allan, “The Politics and Economics of Constitutional Choice: Voting in Canada's 1992 National Referendum,” Journal of Politics 56/4 (1994), 940–62CrossRefGoogle Scholar; Higley, John and McAllister, Ian, “Elite Division and Voter Confusion: Australia's Republic Referendum in 1999,” European Journal of Political Research 41/6 (2002), 845–61CrossRefGoogle Scholar.

28 de Caritat marquis de Condorcet, Jean-Antoine-Nicolas, “On the Need for the Citizens to Ratify the Constitution,” in Condorcet: Foundations of Social Choice and Political Theory, trans. and ed. McLeann, Iain and Hewitt, Fiona (Aldershot, 1994), 273.Google Scholar

29 In discussing Whiting, Tuck seems to group him in with advocates of the sovereign/government distinction (193–4). This is a mistake, for Whiting, as least in 1778, was against such a distinction, as can be seen in the central theoretical point of his address—that government was possible without explicit authorization by the popular sovereign.

30 Whiting, William, “An Address to the Inhabitants of Berkshire County, Mass.,” in Hyneman, Charles S. and Lutz, Donald S., eds., American Political Writing during the Founding Era: 1760–1805, vol. 1 (Indianapolis, 1983), 461–79, esp. 461–72Google Scholar.

31 “A Berkshire Convention Addresses the Superior Court, May 3, 1779,” in Taylor, Robert J., ed., Massachusetts: Colony to Commonwealth (Chapel Hill, 1961) 110–11, at 111Google Scholar.

32 Horn, Mike, “A Rude Awakening: What to Do with the Sleepwalking Defense?”, Boston College Law Review 1/46 (2004), 149–82Google Scholar; Bonkalo, Alexander, “Impulsive Acts and Confusional States during Incomplete Arousal from Sleep: Criminological and Forensic Implications,” Psychiatric Quarterly 28/3 (1974), 400–9CrossRefGoogle Scholar; Roger Ekirch, A. and Shneerson, John M., “Nineteenth-Century Sleep Violence Cases: A Historical View,” Sleep Medicine Clinics 6/4 (2011), 483–91CrossRefGoogle Scholar.

33 FLA. STAT. ANN. § 794.011(1)(C); Crim LR 75; R. v. J.A., [2011] 2 SCR 440, 2011 SCC 28 (Can LII).

34 Hume, David, “Of the Original Contract,” in Hume, Essays, Moral, Political, and Literary, ed. Miller, Eugene F. (Indianapolis, 1985) 465–87, at 475Google Scholar.

35 Roethke, Theodore, The Collected Poems of Theodore Roethke (Garden City, 1975), 104Google Scholar.

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