334 THEORY AND ADMINISTRATION 



Whatever be the definition of the state, the doctrine of sovereignty 

 is generally regarded as the central doctrine of political theory. Few 

 topics have been the subject of more extended treatment, and as 

 there does not even yet seem to be an agreement as to what is meant 

 by the term sovereignty, it may be assumed that here will be found 

 an important problem. The word is used in different senses by 

 different writers and not infrequently in different senses by the same 

 writer in succeeding pages. With comparatively few exceptions, 

 as will be seen from Merriam's History of Sovereignty since Rousseau, 

 the doctrine of sovereignty advocated by a given writer was based 

 upon the grounds of temporary political expediency rather than upon 

 philosophical reasoning. That the theorists of the present day 

 should show the same tendency would be natural, and hence arises 

 the necessity for guarding against the influence of psycho-political 

 environment of the period. 



Closely related in its results to this influence of environing condi- 

 tions is tha^which leads writers to give to earlier political or other 

 concept an importance and emphasis commensurate with that which 

 it has previously received. This is particularly true in regard to the 

 emphasis placed upon the doctrine of sovereignty. It might be 

 proper to raise the question whether too much attention has not been 

 given and is not now given to the consideration of the doctrine in 

 its various forms. Whatever be the answer to this question the 

 problems connected with the exercise of the supreme political au- 

 thority are becoming complex to a high degree through the differen- 

 tiation consequent upon new forms of dependencies and modern 

 interstate relations. 



Bryce, in his essay on " The Nature of Sovereignty," * says, after 

 discussing various confusions in regard to the subject of sovereignty, 

 "Had the qualifying terms ' de jure ' or ' de facto ' been added every time 

 the word ' sovereignty ' was used, most of these difficulties would have 

 disappeared." Later (p. 546), he says in speaking of international 

 relations, " Nevertheless, where some legal tie has been created be- 

 tween two or more states, placing one in a lower position, we may 

 say that inferiority exists de jure, while if there is an actual and con- 

 tinuing disposition of the weaker one to comply with the wishes of 

 the stronger, there is inferiority de facto. ' Where the laws made by 

 the legislative authority of one state directly bind the subjects of an- 

 other state, the latter state cannot be called in any sense sovereign." 

 Burgess 2 says: " Really the state cannot be conceived without sov- 

 ereignty, i. e., without unlimited power over its subjects; that is its 

 very essence." These quotations show the tendency shared also 

 by many writers to establish an extreme definition for sovereignty. 



1 Studies in History and Jurisprudence, p. 542. 



2 Political Science and Constitutional Law, i, p. 57. 



