Monday, May 12, 2008

History Of The Concept Of Sovereignty

Sovereignty is the exclusive right to have control over an area of governance, people, or oneself. A sovereign is the highest lawmaking authority. Basileus is the Greek word for "king," who has auctoritas, the Latin root for authority, which is to be notable from simple imperium, also a Latin concept of power, akin to that retained by an archon the ancient Greek equal to something like a "magistrate". Jean Bodin (1530-1596) is measured to be the modern initiator of the concept of sovereignty, with his 1576 treatise Six Books on the Republic which described the sovereign as a ruler above human law and subject only to the divine or natural law. He thus predefined the scope of the divine right of kings, stating "Sovereignty is a Republic's complete and perpetual power". Sovereignty is absolute, thus inseparable, but not without any limits: it exercises itself only in the public sphere, not in the private sphere. It is continuous, because it does not expire with its holder. In other words, sovereignty is no one's property: by essence, it is inalienable.

These characteristics would determinedly shape the concept of sovereignty, which we can find again in the social contract theories, for example, in Rousseau's (1712-1778) definition of popular sovereignty, which only differs in that he considers the people to be the legitimate sovereign. Likewise, it is inalienable Rousseau condemned the distinction between the origin and the exercise of sovereignty, a difference upon which legitimate monarchy or representative democracy is founded. Machiavelli, Hobbes, Locke and Montesquieu are also key figures in the telling of the concept of sovereignty. Italic text Carl Schmitt (1888-1985) defined sovereignty as "the power to decide the state of exception", in an attempt, argues Giorgio Agamben, to counter Walter Benjamin's theory of violence as radically disjoint from law. Georges Bataille's heterodox conception of sovereignty, which may be said to be an "anti-sovereignty", also stimulated many thinkers, such as Jacques Derrida, Agamben or Jean-Luc Nancy.

No comments: