Week 1
Question 1
Jean Bodin developed his concept of sovereignty during the great political crisis of the 16th
century caused by the Reformation and the rise of Protestantism. Discuss the relationship
between the coming of the Reformation and Bodin's development of the idea of sovereignty.
The power of sovereignty must be whole and absolute, meaning that if a rule holds power for
the duration of his life, it can be said that he is sovereign. In Jean Bodin’s opinion, an elected
official cannot be described as sovereign, although he makes mention that the people can be
sovereign.
His idea of a sovereign can today be seen as monarchical and even
tyrannical. He also states that a sovereign is one that does not have to obey
the laws issued by his predecessor and, most importantly, by himself.
Sovereignty means being above and exempt from the law; this includes only
civil law and not natural law which he must not question (such as property
rights).
The reformation that took place in during the 16th century can be seen as a
religious revolution that targeted western churches and that founded
Protestantism. In the centuries prior to this reformation the church became
deeply involved in the political life of western Europe and thus, political
authorities attempted to curtail the public role of this one, causing major
tension.
Bodin contributed to this tension, he was a Catholic till death, and believed
that religion provides for more unity within a state
● Bodin and Reformation
Bodin came up with royal sovereign - monarchs with absolute power because he was
competing with the pope SO
= created peace + circumvented the pope.
- The Catholic church was narrow minded and the reformation aimed to change that as
they believed that there is no one true faith.
Question 2
After the abdication of Emperor Napoleon I in 1814, the younger brother of the late King Louis
XVI ascended the French throne as King Louis XVIII. One of the first things he did was to
promulgate a written Constitution, the so-called Chartre Octroyée (imposed Charter). The
preamble of the Charter reads:
,“Louis, by the grace of God, King of France and Navarre, to all those to whom these presents
come, greeting. Divine Providence, in recalling us to our estates after a long absence, has laid
upon us great obligations. Peace was the first need of our subjects: we have employed
ourselves thereto without relaxation; and that peace, so necessary for France, as well as for the
remainder of Europe, is signed. (…) For these reasons, We have voluntarily, and by the free
exercise of our royal authority, accorded and do accord, grant and concede to our subjects, as
well for us as for our successors forever, the constitutional charter which follows: (…)”
The Charter did not contain a provision for amendment. How can this lack of an amending
procedure be explained from the nature of the document?
This charter cannot be seen as an act of the people, it is a gift from the king
to his people. The fact that it did not contain a provision for amendment can
be seen as if it were fundamental law that is binding on all the population,
including the King and the Chambers. However, art. 46 contained the
following:
“No amendment can be made in a law unless it has been proposed or
consented to by the king, and unless it has been sent back to the bureaux
and discussed there.”
Not a social contract between ruler and people:
● No amendment because he is the original constituent power, meaning he is the
constitution therefore no need for amendment procedure.
- King with absolute power
1. King sovereign + constituent power / pouvoir constituant = Political sovereignty
2. Pouvoir constitue = legal sovereignty
● Amend out of his own sovereign power not bound by any organs of the state
‘Voluntarily and by free exercised of royal authority’
Question 3
In their political philosophy, both Hobbes and Rousseau put a lot of emphasis on the concept of
citizenship. Yet, their visions differ starkly. What main difference sets Hobbes’ concept of
citizenship apart from that of Rousseau?
Both Hobbes and Rousseau envision a social organization that is based on a social contract
among the individuals themselves that does not trample on the natural rights of these. The two
philosophers asserted that all human beings posses natural and unalienable rights. However,
Hobbes argues for citizens relinquishing their authority to the state, while Rousseau contends
for the sovereign authority to be in the hand of the citizens
● Citizenship according to hobbes
→ Subject to almost unlimited power of sovereign elected by citizens to govern
, → Collective makes decisions for all
● Citizenship according to rousseau
→ Human transform into citizen
- Awakening your general will → Guide to become part of collective sovereign and govern
yourself
→ Require more but also offers you more, terms of self governance
❖ Difference is how the citizens give power to the sovereign and what you get
in return. For hobbes it is safety and for rousseau it's far more it also includes
self governance as you are part of decisions making process
Question 4
In Federalist Paper no. 51 (1788) Madison wrote:
“But what is government itself, but the greatest of all reflections on human nature? If men were
angels, no government would be necessary. If angels were to govern men, neither external
nor internal controls on government would be necessary. In framing a government which is
to be administered by men over men, the great difficulty lies in this: you must first enable the
government to control the governed; and in the next place oblige it to control itself. A
dependence on the people is, no doubt, the primary control on the government; but experience
has taught mankind the necessity of auxiliary precautions.”
Explain what Madison means and whether Locke would have agreed.
Madison and Locke shared the same fundamental views about the relationship between church
and state. They both believed that regulating and influencing religion and the practice of religion
was not within the government's scope of power. The fragment could infer that there should be a
system of checks and balances that would allow the government not to go beyond its
established borders since individual sectors of it will be in charge of monitoring the actions of
the others.
❖ Limiting scope of absolute power through separation of powers.
→ Maddison
- Division of powers in constitution is necessary
- Human nature flawed → risk of abuse of power
→ Locke
- Would have agreed with madison, Locke believed in the power of government to defend
freedoms of citizens
People are decent and therefore the government shouldn't bug people too much → Popular
sovereignty
Question 1
Jean Bodin developed his concept of sovereignty during the great political crisis of the 16th
century caused by the Reformation and the rise of Protestantism. Discuss the relationship
between the coming of the Reformation and Bodin's development of the idea of sovereignty.
The power of sovereignty must be whole and absolute, meaning that if a rule holds power for
the duration of his life, it can be said that he is sovereign. In Jean Bodin’s opinion, an elected
official cannot be described as sovereign, although he makes mention that the people can be
sovereign.
His idea of a sovereign can today be seen as monarchical and even
tyrannical. He also states that a sovereign is one that does not have to obey
the laws issued by his predecessor and, most importantly, by himself.
Sovereignty means being above and exempt from the law; this includes only
civil law and not natural law which he must not question (such as property
rights).
The reformation that took place in during the 16th century can be seen as a
religious revolution that targeted western churches and that founded
Protestantism. In the centuries prior to this reformation the church became
deeply involved in the political life of western Europe and thus, political
authorities attempted to curtail the public role of this one, causing major
tension.
Bodin contributed to this tension, he was a Catholic till death, and believed
that religion provides for more unity within a state
● Bodin and Reformation
Bodin came up with royal sovereign - monarchs with absolute power because he was
competing with the pope SO
= created peace + circumvented the pope.
- The Catholic church was narrow minded and the reformation aimed to change that as
they believed that there is no one true faith.
Question 2
After the abdication of Emperor Napoleon I in 1814, the younger brother of the late King Louis
XVI ascended the French throne as King Louis XVIII. One of the first things he did was to
promulgate a written Constitution, the so-called Chartre Octroyée (imposed Charter). The
preamble of the Charter reads:
,“Louis, by the grace of God, King of France and Navarre, to all those to whom these presents
come, greeting. Divine Providence, in recalling us to our estates after a long absence, has laid
upon us great obligations. Peace was the first need of our subjects: we have employed
ourselves thereto without relaxation; and that peace, so necessary for France, as well as for the
remainder of Europe, is signed. (…) For these reasons, We have voluntarily, and by the free
exercise of our royal authority, accorded and do accord, grant and concede to our subjects, as
well for us as for our successors forever, the constitutional charter which follows: (…)”
The Charter did not contain a provision for amendment. How can this lack of an amending
procedure be explained from the nature of the document?
This charter cannot be seen as an act of the people, it is a gift from the king
to his people. The fact that it did not contain a provision for amendment can
be seen as if it were fundamental law that is binding on all the population,
including the King and the Chambers. However, art. 46 contained the
following:
“No amendment can be made in a law unless it has been proposed or
consented to by the king, and unless it has been sent back to the bureaux
and discussed there.”
Not a social contract between ruler and people:
● No amendment because he is the original constituent power, meaning he is the
constitution therefore no need for amendment procedure.
- King with absolute power
1. King sovereign + constituent power / pouvoir constituant = Political sovereignty
2. Pouvoir constitue = legal sovereignty
● Amend out of his own sovereign power not bound by any organs of the state
‘Voluntarily and by free exercised of royal authority’
Question 3
In their political philosophy, both Hobbes and Rousseau put a lot of emphasis on the concept of
citizenship. Yet, their visions differ starkly. What main difference sets Hobbes’ concept of
citizenship apart from that of Rousseau?
Both Hobbes and Rousseau envision a social organization that is based on a social contract
among the individuals themselves that does not trample on the natural rights of these. The two
philosophers asserted that all human beings posses natural and unalienable rights. However,
Hobbes argues for citizens relinquishing their authority to the state, while Rousseau contends
for the sovereign authority to be in the hand of the citizens
● Citizenship according to hobbes
→ Subject to almost unlimited power of sovereign elected by citizens to govern
, → Collective makes decisions for all
● Citizenship according to rousseau
→ Human transform into citizen
- Awakening your general will → Guide to become part of collective sovereign and govern
yourself
→ Require more but also offers you more, terms of self governance
❖ Difference is how the citizens give power to the sovereign and what you get
in return. For hobbes it is safety and for rousseau it's far more it also includes
self governance as you are part of decisions making process
Question 4
In Federalist Paper no. 51 (1788) Madison wrote:
“But what is government itself, but the greatest of all reflections on human nature? If men were
angels, no government would be necessary. If angels were to govern men, neither external
nor internal controls on government would be necessary. In framing a government which is
to be administered by men over men, the great difficulty lies in this: you must first enable the
government to control the governed; and in the next place oblige it to control itself. A
dependence on the people is, no doubt, the primary control on the government; but experience
has taught mankind the necessity of auxiliary precautions.”
Explain what Madison means and whether Locke would have agreed.
Madison and Locke shared the same fundamental views about the relationship between church
and state. They both believed that regulating and influencing religion and the practice of religion
was not within the government's scope of power. The fragment could infer that there should be a
system of checks and balances that would allow the government not to go beyond its
established borders since individual sectors of it will be in charge of monitoring the actions of
the others.
❖ Limiting scope of absolute power through separation of powers.
→ Maddison
- Division of powers in constitution is necessary
- Human nature flawed → risk of abuse of power
→ Locke
- Would have agreed with madison, Locke believed in the power of government to defend
freedoms of citizens
People are decent and therefore the government shouldn't bug people too much → Popular
sovereignty
