{"title":"Absolute Power: Law, Sovereignty, Absolution","authors":"Daniel Lee","doi":"10.1093/oso/9780198755531.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198755531.003.0005","url":null,"abstract":"Bodin’s notoriety in political theory rests upon his thesis that sovereignty is an ‘absolute power’. This chapter investigates the function of absolute power in Bodin’s theory of legislation as a sovereign authority’s negative power to unmake positive law and, consequently, release [absolvere] subjects from the bond of legal obligation. Drawing upon canonistic jurisprudence concerning papal plenitude of power, the chapter explores how Bodin modelled absolute power on the priestly power of absolution [potestas absolvendi]. Just as priests are empowered to absolve and release sinners from the bond of sin, so too are sovereigns empowered to absolve and release subjects from the bond of positive legislation, whether by full abrogation or by partial derogation. Every independent legal system, Bodin argues, must have absolute power if it is to have the reflexive capacity to correct or even repeal its own laws, especially unjust laws. Absolute power, thus, is the sovereign’s ultimate instrument of equity.","PeriodicalId":274214,"journal":{"name":"The Right of Sovereignty","volume":"337 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131256610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Right of Sovereignty","authors":"Daniel Lee","doi":"10.1093/oso/9780198755531.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198755531.003.0003","url":null,"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.","PeriodicalId":274214,"journal":{"name":"The Right of Sovereignty","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128694268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}