The Life and Death of States: Central Europe and the Transformation of Modern Sovereignty
The Life and Death of States: Central Europe and the Transformation of Modern Sovereignty
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Abstract
Sprawled across the heartlands of Europe, the Habsburg Empire resisted all the standard theories of singular sovereignty. The 1848 revolutions sparked decades of heady constitutional experimentation that pushed the very concept of “the state” to its limits. This intricate multinational polity became a hothouse for public law and legal philosophy and spawned ideas that still shape our understanding of the sovereign state today. This book traces the history of sovereignty over one hundred tumultuous years, explaining how a regime of nation-states theoretically equal under international law emerged from the ashes of a dynastic empire. The book shows how a new sort of experimentation began when the First World War brought the Habsburg Empire crashing down: the making of new states. Habsburg lands then became a laboratory for postimperial sovereignty and a new international order, and the results would echo through global debates about decolonization for decades to come. The book explores how the Central European experience opens a unique perspective on a pivotal legal fiction—the supposed juridical immortality of states. It offers a penetrating and original analysis of the relationship between sovereignty and time, illustrating how the many deaths and precarious lives of the region's states expose the tension between the law's need for continuity and history's volatility.
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Front Matter
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Introduction: Making a World of States
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One
Constitution as Archive: Drafting the Empire, 1848–1860s
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Two
The Secret Science of Dual Sovereignty: 1867 and After
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Three
Fictional States: Lands and Nations
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Four
Pure Theory: Jellinek and Kelsen Reinvent Legal Philosophy
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Five
What Is a New State? 1919 in the History of the Austro-Hungarian Empire
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Six
State Birth at the Frontier of Knowledge: Reimagining International Law from Postimperial Vienna
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Seven
Sovereignty in Sequence: Law, Time, and Decolonization
- Conclusion The Temporal Life of States
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End Matter
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