Theory of State Sovereignty. The political doctrine of J. Bodin
Jean Bodin (1530-1596) is a French politician, philosopher, economist, lawyer, member of the Paris parliament and professor of law in Toulouse. Born in the family of the master of the tailor's shop of the city of Angers (France). The intellectual formation of Jean Bodin took place in the Carmelite monastery, in the universities of Angers, Paris and Toulouse. In Toulouse, Boden received a degree, for some time he taught at the university, and although his lectures ended with applause, he never received the post of professor. In 1561, Bodin moved to Paris, where he practiced law. In 1568, Mr .. was elected to the States General. In 1572, Boden, suspected of Calvinism, nearly suffered during the Bartholomew night. This event largely determined the views of the thinker. For France XVI century. The problem of religious intolerance was fatal. Ideological and religious struggle divided society into two warring camps. Bodin was sure that in matters of religion and faith, one can not rely on force, including on the power of authority, because "the more people's wills are violated, the more uncompromising it is." The requirements for the complete and immediate prohibition of reformist trends, he considered unacceptable, and therefore proposed issuing a royal edict on tolerance. Only the proclamation of the principle of freedom of religion, according to Bodin, was able to calm down religious passions, to stop the bitter struggle of religious groups that shatter the foundations of the state and government. In 1576, Bodin became a royal prosecutor in Lana. In the same year he represented the third estate in the States-General.
From 1580 to 1583, Mr .. was in the service of the Duke of Anjou Francis. In 1580 he accompanied him to London to the court of Elizabeth I. The Queen highly appreciated the mind and wit of Boden. Here he was always glad to see, despite the complex relations of the two powers. In 1584, Boden returned to Lahn, where he received the post of Attorney General, then became the mayor of this city, in which he lived for the rest of his life. In 1596, he died of the plague.
Among the main works of Bodin are The method of easy knowledge of history (1566); Six books about the state (1576).
Book "The method of easy knowledge of history became the first famous work of the thinker. It is divided into 10 chapters, five of which are devoted to the subject of history: the device, parts, its evaluation, etc. The remaining chapters explore such issues as forms of governance of states, theories of the "golden age" and four monarchies, a system of universal time and the origin of peoples. In the "Method of easy knowledge of history" The political ideas of the thinker are first presented. Here he talks about a citizen, sovereign power, forms of states. J. Bodin gives preference to the monarchical form of government or, as he calls it, the "royal monarchy". The main idea of the Method lies in the fact that the qualities of a person largely depend on the natural conditions in which he lives. This theory, called the theory of geographical determinism, experienced its flourishing even in the era of antiquity. Therefore, it is not by chance that Boden often quotes Plato in his work. Boden not only determines the characteristics of the peoples by climatic and other geographic conditions, but also draws conclusions about the influence of these factors on the socio-political structure of states located at different points of the globe. Already in this work Boden's most of all the ways of organizing the state take up. He believed that the most powerful state is formed by the inhabitants of the north. It is less stable than the state of the middle zone, for the state of the middle zone is a state of reason, its citizens are more inclined to work. In the southern state, the church oppresses common sense, and people are lazy and passive. The geographical determinism of J. Bodin reflected on the philosophical views of many European thinkers, especially on the formation of the views of S. Montesquieu.
The main product of Boden is "" Six books about the state & quot ;. After the translation in 1580 into Latin, it became extremely popular throughout Europe. In the late XVI - early XVII centuries. the work appeared in Italian, Spanish, German and English. Six books about the state were not translated into United States. There are only a few fragments in the translation of NA Khachaturian in the edition "The Anthology of World Legal Thought".
In his main work, Jean Bodin refers to historical sources, on the works of Plato, Xenophon, Cicero, Machiavelli, Mora. He used ancient and especially medieval work on the interpretation of Roman law.
Structurally, "Six books about the state" are divided into six separate books. In the first book, Boden defines the family, the household, from which, in his opinion, any state eventually grows. He then describes sovereignty. The second book deals with the problem of monarchies and describes its three types. In the third book, Boden talks about the "Senate and its power", about "corporations, colleges, states and societies". The fourth book begins with a chapter titled "On the Birth, Bloom, Decline and Destruction of the Republics" and is fully devoted to political issues. The issues of finance, monetary and tax policy, the problems of arming the population, maintaining the army, strengthening the cities of Boden are considered in the fifth and sixth books. The sixth book is devoted to the apology of the monarchy and the development of the Platonic-Aristotelian concept of harmonic justice.
Boden defined the state as the totality of families, rather than individuals. "The state is the exercise by the sovereign power of the just management of many families and that which is in their common possession."
According to Bodin, "any state either comes from a family that is gradually multiplying, or is immediately established by the gathering of people together, or is formed from a colony that originated from another state like a new bee swarm or like a branch separated from a tree and planted in soil, branch, which, having taken roots, is more capable of bearing fruit than a seedling grown from seed. But both states are established under the compulsion of the strongest, or, as a result of the consent of some people, voluntarily transfer all their freedom to the subordination of other people in their entirety, so that they can dispose of it, relying on sovereign power, either without any laws or on the basis of certain laws and on certain terms
An essential feature of the supreme state power is its sovereign character. Under sovereignty, Bodeen understands absolute and eternal power in the person of the state. The source of sovereignty is the people, and its bearer is the sovereign. Sovereignty is the right of a sovereign to manage the affairs of the state independently of any other entities. Such sovereignty is expressed most of all in laws that are given to citizens without their consent. From a legal point of view, the absolute and unconditional nature of state power is expressed in its over-rule. Along with this, Bodin tries to link up, combine sovereign power with the principles of justice, law, and also with the goals and tasks of the state. In the Six books he puts forward the proposition that the sovereign is bound by laws divine & quot ;, natural and "human, common to all peoples". Thus, Boden's absolutism has precise objective boundaries in the form of ethical norms (justice), laws of nature and divine laws; and these limits are mandatory for him. The supreme authority, which does not respect these laws, is no longer power, but tyranny.
Sovereignty, according to Boden, has the following properties.
1. Sovereignty is one and indivisible - it can not be divided between the king and the people, several different organizations and can not be alternately implemented by them.
2. The sovereign power is constant - it can not be transferred for a while or on other terms to any person.
3. Sovereign power is unlimited and illegal - no human law can limit sovereignty.
4. Sovereignty is subject only to divine and natural laws, but not to religious dogmas.
5. Sovereignty can belong either to one person, or to a minority of the population of the country, or to all able-bodied people. But in any case, the encroachment on sovereignty by the papal throne is not permissible.
F. Boden singled out five signs of state sovereignty:
1) the right of the supreme authority to issue and repeal laws;
2) declare war and conclude peace;
3) appoint senior officials;
4) exercise the supreme court and the right of pardon;
5) the right to coin money, establish measures and weights, to collect taxes.
F. Boden rejects the widespread division of state forms into "correct" and incorrect & quot ;, since it expresses only a subjective assessment of existing states. The question is only who owns sovereignty, real power: one, a few or most. The thinker also denies the mixed form of the state - power can not be divided "equally." Depending on who will own the highest power in the state, this will be the state as a whole.
Toward democracy, Bodin was negative: in a democratic state there are a lot of laws and authorities, and the common cause is in decline. Democracy for Boden is the worst way to exercise sovereignty, because the people as a whole are not able to come to the right decisions and have sound judgments.
Boden and the aristocracy, the state where power belongs to the collegium of the nobility, did not approve. The aristocracy is subject to constant strife of parties and the struggle of ambition, it can not cope with popular unrest.
The goal of the state is to achieve the good, its implementation requires a centralized and powerful government designed to achieve and maintain unity, and therefore the best form of the state, according to Bodin, is a monarchy, where sovereignty belongs entirely to the monarch. Only an absolute monarchy ensures the fulfillment of the will of the monarch in any case, except for those that are contrary to natural or divine laws.
Boden sets the sovereign's restriction "the law of God and nature". But it does not entail the submission of the sovereign to society, or to civil laws, nor to the pope. The second restriction is the right of private property, to which the sovereign can encroach only in case of emergency. The third limitation is the laws of the kingdom (the law of salvia).
Absolute power is interpreted by Bodin not as the despotic power of a single ruler, but as a just, paternal care for subjects, as for their children. It is in this form that she appears to us in the "Six books about the state". Boden repeatedly compares the sovereign power with his father's, and the state structure - with family orders. The Thinker speaks of the monarchy as the highest development of the state system, and the sovereign is the central figure in his political concept. The term sovereign is interpreted by him as a sacred embodiment of power. The semantic significance of this term in combination with the term "sovereign" becomes one of the fundamental in Bodin's theory, since he explains the concept of sovereignty primarily through the supremacy of sovereign sovereign power and subordination to the sovereign sovereign.
The work of the "Six Books on the State" is one of the greatest monuments of philosophical and political-legal thought of the Renaissance, which has not lost its scientific significance to this day. For four and a half centuries the concept of sovereignty has not changed much. So far, mankind has not been able to come up with anything fundamentally new in this area.
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