For episode 17, see here
The Theory of the Nation State
XVIII. Jean Bodin
A. His work Republic took the idea of sovereign power out of the shadow of
theology.
B. Sought to put the king above religious conflict, as a center of national
unity.
C. Mix of old and new philosophy
D. Took method and form, such as it was, from Aristotle.
E. Saw basis of society in pater familias who acted with others outside the
family as citizens.
1. Property was natural right of the family
2. State could not alienate property because it was not the proprietor
F. Mark of sovereign power is distinguishing characteristic of the state.
1. Citizens are such only by their subjection to the rule of a common
sovereign
2. Sovereign is the source of law
3. Sovereign is undivided, no mixed state but only forms of government
4. State consists in the possession of sovereign power
5. Government is apparatus through which power is exercised
6. All lesser bodies were subordinate to the state and any authority they
might have is delegated by the state
7. Sovereignty is perpetual, humanly unlimited and with unconditional
right to make, interpret and execute the law
G. Sovereign limited by will of God and natural right
H. F7 and G (above) lead to possible conflict
I. Confusion arose from:
1. View that sovereign was bound by God
2. Fidelity to the constitutional law of France
3. View of inviolability of private property
Next week: The Modernized Theory of Natural Law
The Theory of the Nation State
XVIII. Jean Bodin
A. His work Republic took the idea of sovereign power out of the shadow of
theology.
B. Sought to put the king above religious conflict, as a center of national
unity.
C. Mix of old and new philosophy
D. Took method and form, such as it was, from Aristotle.
E. Saw basis of society in pater familias who acted with others outside the
family as citizens.
1. Property was natural right of the family
2. State could not alienate property because it was not the proprietor
F. Mark of sovereign power is distinguishing characteristic of the state.
1. Citizens are such only by their subjection to the rule of a common
sovereign
2. Sovereign is the source of law
3. Sovereign is undivided, no mixed state but only forms of government
4. State consists in the possession of sovereign power
5. Government is apparatus through which power is exercised
6. All lesser bodies were subordinate to the state and any authority they
might have is delegated by the state
7. Sovereignty is perpetual, humanly unlimited and with unconditional
right to make, interpret and execute the law
G. Sovereign limited by will of God and natural right
H. F7 and G (above) lead to possible conflict
I. Confusion arose from:
1. View that sovereign was bound by God
2. Fidelity to the constitutional law of France
3. View of inviolability of private property
Next week: The Modernized Theory of Natural Law
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