from II - Religion, civil government, and the debate on constitutions
Published online by Cambridge University Press: 28 March 2008
The account of sovereignty in the work of Jean Bodin was a major event in the development of European political thought. Bodin's precise definition of supreme authority, his determination of its scope, and his analysis of the functions that it logically entailed, helped turn public law into a scientific discipline. And the vast system of comparative public law and politics provided in his Les Six Livres de la République (1576) became the prototype for a whole new literary genre, which in the seventeenth century was cultivated most in Germany.
But Bodin's account of sovereignty was also the source of much confusion, since he was primarily responsible for introducing the seductive but erroneous notion that sovereignty is indivisible. It is true, of course, that every legal system, by its very definition as an authoritative method of resolving conflicts, must rest upon an ultimate legal norm or rule of recognition, which is the guarantee of unity. But when Bodin spoke about the unity of sovereignty, the power that he had in mind was not the constituent authority of the general community or the ultimate coordinating rule that the community had come to recognise, but the power, rather, of the ordinary agencies of government. He advanced, in other words, a theory of ruler sovereignty. His celebrated principle that sovereignty is indivisible thus meant that the high powers of government could not be shared by separate agents or distributed among them, but that all of them had to be entirely concentrated in a single individual or group.
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