'Jean Bodin and the Marks of Sovereignty' (Week 10) Flashcards
What is sovereignty?
To be sovereign is to have supremacy/pre-eminence in respect of excellence or supremacy
How is authority often expressed in levers of power?
sovereigns signature is shown as a ‘sign Manuel’
letter sealed with Kings signet
In Bodins view what are the true marks of sovereignty?
some are more obvious than others
Since there is nothing greater on earth, after God, than sovereign princes, and since they have been established by Him as His lieutenants for commanding other men, we need to be precise about their status … so that we may respect … their majesty in complete obedience … Contempt for one’s sovereign prince is contempt toward God, of whom he is the earthly image’ (p. 46)
Can’t question the King’s or Prince’s authority because they were sent down by God. Questioning authority means questioning God
‘The prerogatives of sovereignty have to be of such a sort that they apply only to a sovereign prince. If, on the contrary, they can be shared with subjects, one cannot say that they are marks of sovereignty’ (p. 49)
This statement suggests that the characteristics or powers of sovereignty should be exclusive to a ruling leader (a sovereign prince) and should not be shared with ordinary people. If these powers can be shared with subjects, then they shouldn’t be considered as unique indicators of sovereignty.
‘The rights of the crown … cannot be relinquished or alienated, and cannot be prescribed by any period of time’ (p. 49)
This statement means that the powers and privileges associated with the ruling authority (the crown) cannot be given up, transferred, or lost over time. They are permanent and cannot be legally claimed or taken away by others through the passage of time.
‘The power of the law lies in him who has the sovereignty … the penalty attached to the laws of a sovereign prince is very different from that found in the ordinances of magistrates or of guilds and corporations. These can inflict penalties and fines within certain limits. But only a sovereign prince can attach the death penalty (pp. 55, 56)
This statement is saying that the ultimate authority to enforce laws lies with the person who holds sovereign power. When a sovereign prince creates laws, the consequences, especially severe ones like the death penalty, are distinct from the penalties set by local authorities or organisations. Only the sovereign prince has the authority to impose such severe punishments. Other entities, like magistrates or guilds, can only impose penalties and fines within certain specified limits.
‘Custom acquires its force little by little and by the common consent of all, or most, over many years, while law appears suddenly, and gets its strength from one person who has the power of commanding all. Custom slips in softly and without violence; law is commanded and promulgated by power, very often against the subjects’ wishes’ (p. 57)
Customs grow slowly with the agreement of many over time, while laws are established suddenly by a powerful person and may not be welcomed by everyone. Custom evolves peacefully, but laws are enforced with authority, sometimes against the wishes of the people.
‘The best expedient for preserving the state is never to grant a prerogative of sovereignty to any subject, … for it is a stepping stone to sovereignty’ (p. 71)
This statement suggests that to safeguard the stability of a state, it’s advisable not to give any individual too much power or authority (prerogative of sovereignty). Doing so could lead them to acquire full sovereignty, which means complete control over the state. The idea is that granting too much power to someone can be a path to them becoming the ultimate ruler.
‘A sovereign prince cannot remit a penalty established by the law of God any more than he can dispense from the law of God, to which he is subject’ (p. 76)
This statement means that a ruling prince does not have the authority to cancel or reduce a punishment set by the laws of God. Just like everyone else, the sovereign prince is bound by the laws of God and cannot exempt himself from them or change the penalties established by these laws.
‘Marks of sovereignty … are proper to all sovereign princes to the exclusion of all other lords having administration of justice, magistrates, and subjects; and by their very nature they are untransferable, inalienable, and imprescribable’ (p. 87)
This statement means that the signs or characteristics of sovereignty belong exclusively to rulers (sovereign princes) and not to other authorities like judges, officials, or regular people. These signs are by their nature unable to be transferred, given away, or lost over time; they always remain with the sovereign prince.
‘Anyone who employs the prerogatives reserved to the sovereign prince is guilty in law of a capital offence’ (p. 87)
This statement means that if anyone uses the special powers and privileges that only the sovereign prince should have, it is considered a serious crime and punishable by death according to the law. In other words, unauthorised use of the exclusive rights of the sovereign prince is a capital offence.
