The Right of Sovereignty

Abstract

Bodin’s most important theoretical achievement was to conceptualize sovereignty as an indivisible and portable bundle of legal rights, which he collectively designated ius summi imperii. Sovereignty, on this account, was modelled on the creditor’s in personam right arising from a debt obligation in civil law. Just as a creditor has a right to an actionable remedy enforcing the debtor’s performance of contractual obligations, so too does a sovereign state have a legal right to enforce acts of allegiance owed by its subjects and, in the case of treaty obligations, acts of fidelity owed by foreign obligors. Applying a doctrine of medieval legal science, Bodin traced the source of that sovereign right to the law of nations [ius gentium]. While sovereigns may be exempt from their own legislation [legibus soluti], they always remain legally bound to observe the ius gentium and exercise sovereign rights in accordance with its principles.