Bodin et le concept de souveraineté: la frontière entre droit et pouvoir
Jean Bodin defines sovereignty as the perpetual and absolute power of the Commonwealth– that is to say – a legislative power that knows neither conditions, nor constraints, nor obligations. Nevertheless, he also affirms that all sovereigns are subject to the laws of God and nature and to several hum...
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2024 |
| Country: | Brasil |
| Institution: | Universidade Federal do Paraná (UFPR) |
| Repository: | Revista Dois Pontos (Curitiba. Online) |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/95101 |
| Online Access: | https://revistas.ufpr.br/doispontos/article/view/95101 |
| Access Level: | Open access |
| Keyword: | sovereignty power right law Jean Bodin. souveraineté pouvoir droit loi |
| Summary: | Jean Bodin defines sovereignty as the perpetual and absolute power of the Commonwealth– that is to say – a legislative power that knows neither conditions, nor constraints, nor obligations. Nevertheless, he also affirms that all sovereigns are subject to the laws of God and nature and to several human laws common to all peoples. So how can a power define as absolute can have limits? This is the contradiction pointed out by several interpreters of his political thought. My purpose is to show the imprecision of these opinions and to propose an interpretation that makes consistent the idea that the sovereign can be both above the civil law and subject to boundaries that limit his power to legislate. |
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