The Life and Death of States : Central Europe and the Transformation of Modern Sovereignty

"Canonical theorists of sovereignty (Hobbes, Rousseau, and others) put the monopoly of power at the center of their definitions. These thinkers abstracted from western European experiences to universal norms. In the wake of their transformative contributions, states that did not fit the model appeared to be underdeveloped or deviant. Labels such as "provisional" or "irregular" rendered them irrelevant to theorizing and, worse, political problems that needed to be solved. One early "anomaly," says historian Natasha Wheatley, was the Habsburg Empire. Layered as it was with imperial, national, and regional sovereignty, its trajectory was not one of progress toward a unitary state. Instead, it encompassed compound polities, or states bundled together under experimental constitutional orders. Wheatley's aim in this book is to theorize from Central Europe to see how sovereignty can be produced in a complex world. In reconstructing this political and legal history, Wheatley treats Austria-Hungary as a crucible for modern legal theory. The serial remaking and eventual unmaking of imperial sovereigny in Central Europe showed how old-world dynastic conceptions of sovereignty were translated into abstract categories of modern legal thought. In so doing, she uncovers the irresolvable tensions and strategic silences in modern political theory: the presumed unity and timelessness of states. Eschewing explanations of "failure," she instead uncovers how the Central European experience crystallized legal questions that would arise again in the era of global decolonization, connecting the story of the end of empire to the birth of new nations throughout the twentieth century. In this respect, the work serves not only as a history of Central Europe but also a "prehistory" of the era of decolonization"-- Provided by publisher An intellectual history of sovereignty that reveals how the Habsburg Empire became a crucible for our contemporary world order 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. The Life and Death of States 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. Natasha Wheatley 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. Wheatley explores how the Central European experience opens a unique perspective on a pivotal legal fiction―the supposed juridical immortality of states. A sweeping work of intellectual history, The Life and Death of States 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. Cover Contents Acknowledgments Maps Introduction. Making a World of States Chapter 1. Constitution as Archive: Drafting the Empire, 1848–1860s Chapter 2. The Secret Science of Dual Sovereignty: 1867 and After Chapter 3. Fictional States: Lands and Nations Chapter 4. Pure Theory: Jellinek and Kelsen Reinvent Legal Philosophy Chapter 5. What Is a New State? 1919 in the History of the Austro-Hungarian Empire Chapter 6. State Birth at the Frontier of Knowledge: Reimagining International Law from Postimperial Vienna Chapter 7. Sovereignty in Sequence: Law, Time, and Decolonization Conclusion. The Temporal Life of States Notes Index