INTRODUTION
- Hobbes is credited for giving a complete theory of Sovereignty. However, Hewas not the first to talk about Sovereignty.
- Jean Bodin, A French Political Thinker has given the theory of Sovereignty, even I before Hobbes.
- Usually, Bodin is credited for the definition of Sovereignty; According to Jean Bodin Sovereignty is "Supreme Power over Citizens and Subjects; unrestrained by law.
- Although he attempted to give a complete theory of Sovereignty, however, he failed to do so and accepted certain limitations on the Sovereign, which prevented him to become the absolute power.
- . But Thomas Hobbes freed the sovereign, from all the limitations which were imposed by Bodin and gave a complete theory of Sovereignty.
- ' Thus. It is famously remarked that "while Bodin was Standing on the gate of modernity, it was Hobbes who jumped inside;
- To understand Hobbesian Sovereignty, it is important to understand the limitations which were imposed on Sovereign by Bodin.
Bodin's Sovereignty
As discussed earlier for him Sovereignty is Supreme Power over Citizens and Subjects; unrestrained by law.
Limitations or Restrictions on Sovereign according to Bodin:
Divine or universal laws. According to Bodin sovereign is subjected to the divine and part universal law, Thus he can't command against divine or universal laws.
Property:- Sovereign is not the creator of property, so he can't take property or any part of the property without the consent of the person.
Divine or universal laws. According to Bodin sovereign is subjected to the divine and part universal law, Thus he can't command against divine or universal laws.
Property:- Sovereign is not the creator of property, so he can't take property or any part of the property without the consent of the person.
According to George H Sabine; " Hobbes relieved Sovereignty completely from the disabilities which have inconsistently left standing
Hobbesian Theory of Sovereignty
- According to Hobbes; Sovereignty essentially lies in the power of determining I on the behalf of the entire community. that what should be done to maintain peace and order, also to promote the welfare of Subjects, All men apart form I Sovereign become its subject.
- The second fundamental attribute of Sovereignty is absoluteness. The power of the Sovereign to make laws can't be limited by any human authority, superior or inferior. There is no rival or coordinate authority in the commonwealth beside I the Sovereign.
- The sovereign is the ultimate authority, he is the source of law and sole interpreter of the laws. Even divine laws are not applicable over sovereigns, he is also the sole interpreter of such laws.
- According to Hobbes, the Sovereign is also above any sort of morality. Since he is making the distinction between moral and immoral.
- The Sovereign is also the creator of property According to Hobbes, what people have in "State of Nature" is merely possessions that confer no ownership. Legal property rights came into the existence only with the Sovereign & Society. Since he is the creator of property and takes any property without the consent of the people. He can also levy taxes without the consent of people.
- According to Hobbes; the Sovereign is also the source of Justice, Supreme Commander of the Military, and source of law. In this way, Hobbes concentrated full executive, legislative and judicial power in Sovereign.
- Lastly, Hobbes argues that sovereignty is indivisible, inseparable, and can't be communicated or given to anybody else. The concept of Sovereignty was given by Hobbes was mainly to defend the authority of the Monarch in the English War. It also became the basis for modern, formal, and legal sovereignty provided by John Austin.
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