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"Office Is a Thing Borrowed": Jean Bodin on Offices and Seigneurial Government
Political Theory 41 (3):0090591713476050 (2013)
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The papal monarchy is the subject of Thomas Hobbes's Historical Narration concerning Heresy, much of Behemoth, and his long Latin poem, the Historia Ecclesiastica. Hobbes's was not the only account in his day of the papal monarchy as a history of iniquity, or even as “the ghost of the Roman Empire.” The papal creation of a parallel system of offices in the late Roman and Holy Roman Empires is of immense institutional importance. Hobbes's analysis of the second papal strategy, the (...) co‐optation of Roman Law as canon law, is complicated. Hobbes's account of both the institutional and philosophical consequences of the papal monarchy is surprisingly congruent with some of the most authoritative modern accounts. The fourteenth‐century hierocratic publicists belonged as much to the reception of Averroist Aristotelianism as their contemporary antagonists. None of the parties to the struggle between pope and emperor appears to have been immune to the Aristotelianism of the Arabic commentators. (shrink) | |
The doctrine of “sovereign immunity” holds that the U.S. government cannot be sued without its consent. This is not found in the Constitution’s text; it is justified on philosophical grounds as inherent to being a sovereign state: a sovereign must be able to issue commands free from constraint. The sources of this understanding of sovereignty—Hobbes, Bodin, and others—are, in turn, condemned by opponents of sovereign immunity as absolutists whose doctrines are incompatible with limited, constitutional government. This debate, and thus the (...) usual conception of sovereign immunity, rests on a fundamental mistake. Hobbes and his peers were careful to avoid the conflation of government with sovereignty. “Sovereign” immunity, then, is an imposter doctrine that protects government officials by falsely draping them in the sovereign’s cloak. The only sovereign actor, in the American polity, is the people in the act of making or amending the Constitution. Our true, Hobbesian sovereign immunity is nothing more than our unbounded freedom to enact constitutional law. (shrink) |
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