Carl Schmitt, Political Theology:
“All significant concepts of the modern theory of the
state are secularized theological concepts not only
because of their historical development—in which
they were transferred from theology to the theory
of the state, whereby, for example, the omnipotent
God became the omnipotent lawgiver—but also
because of their systematic structure, the
recognition of which is necessary for a sociological
consideration of these concepts.” (Schmitt, Political
Theology, MIT, p. 36)
Jean Bodin (1530-1596)
• Born in Angers, France, and studied law at
Toulouse.
• Middle class (represented the third state in 1576)
• Worked for the government of Henry III
• Problem: the unity of France was in risk due to
religious struggle (“Wars of Religion”) –
Challenge: to counterbalance
– The Church, the Empire, and forces from within
• Bodin is “the best-known theorist of the
Politiques” (345)
– Six Books on the State
Sovereignty
By coining the concept of “sovereignty,” Bodin
advances the separation between state (the
sovereign structure) and government (the
exercise of sovereignty) and allows to bring
about the consolidation of the power of the
state before Church, Empire, and other minor
competitor forces.
-Secularization of a theological concept: the
concept of sovereignty comes from the Bible
where God is designed the Sovereign
(Augustine also uses it, but just to refer to
God)
The State
• “…is a lawful government, with sovereign
power, of different households and their
common affairs.” (348)
• “Let us now examine each part of the
definition of the state. … we speak of the
state as of ‘lawful government’ in order to
distinguish it from bands of robbers and
pirates…”(348)
Sovereignty
• “Sovereignty is the absolute and perpetual power
of the state, that is, the greatest power to
command.” (348)
• “The main point of sovereign majesty and
absolute power consists of giving the law to
subjects in general without their consent.” (350)
• Sovereignty = power of making the law
– Germanic (medieval) tradition sees the law as resulting
from “the custom of the land, the law of nature, and the
will of God.” (E & E 345)
• The prince/king’s sovereignty is absolute only in
what attains to human laws (349).
“Only he is absolutely sovereign
who, after God, acknowledges
no one greater than himself.”
(349)
Sovereign = Pilot
• The Sovereign “has to have the laws in his
power in order to change and correct them
according to the circumstances” {375}
The King never
dies...
Separation...
• The Sovereign is separated from the
people…
• Two parties
– the sovereign
– the people
“Whatever power and authority the
sovereign prince confers upon
others, his own person remains
excepted. He always retains more
authority than he gives away…”
(348)
Law  Contract
Laws
• “A prince is not bound by the laws of his
predecessors and much less by his own
laws and ordinances. … it is impossible, in
the nature of things, to give to oneself a
law that depends on one’s own will…”
(349)
Promises, Agreements, and
Contracts
• The sovereign is bound by the promises
and oaths he/she has made, as any
private individual… (350)
• “God himself is bound by his promise”
The Prince vs. the Tyrant
 Saint Paul
“For it is the law of God and of
nature that we must obey the
edicts and ordinances of him to
whom God has given power to
us, unless his edicts are directly
contrary to the law of God, who
is above all princes.”
Also, the laws that “concern the
state of the kingdom and its
basic form” must be
respected… because they are
“annexed and united to the
crown”
Is the sovereign bound to the contracts
of his/her predecessors? (349)
• “if the kingdom is hereditary, the prince is
fully bound [to the contracts of his
predecessor]… The same holds if the
kingdom is transferred by testament to
someone other than the next in line…”
• But if the kingdom is transferred to the next
in line by testament…
– if he accepts it, he is bound to it
– if s/he renounces the succession, and claims
the crown in virtue of the custom… s/he is not.
People (and the Estates) owe
• Subjection
• Service
• Obedience
to the sovereign... And must
proceed by
•Supplication
•Request
In a monarchy, the People
• “must swear to keep the laws and take an
oath of loyalty to the sovereign monarch,
who does not himself owe any oath except
to God alone, of whom he holds his
scepter and his power.”
The Sovereign and the Estates...
• Consultation due to Custom
• The Estates have no power of determining
anything (neither in France nor in England)
• The entire sovereignty belongs to the kings
and the Estates are only witnesses (350)
• The sovereignty of the monarchs is in no
way altered by the presence of the Estates
Emperors, either Charles V or
Roman Emperors, are not
sovereign
Religion.
• “… if the prince follows the true religion
without sham or make-believe, he will be
able to turn the hearts of his subjects to
his religion, without using violence or
punishments. In so doing he will avoid
hard feelings, troubles and civil war, while
leading the subjects who had gone astray
into the haven of salvation.” (352)
Against War
• “One must therefore beware of raising a
warlike spirit among the subjects, guiding
them toward such an execrable life, nor
seek war under any circumstances, except
when it is a matter of repelling violence in
an extreme emergency.” (354)
“Bodin’s state is strong but not
aggressive; monarchical but not
tyrannical.It became the model
for the new national state…” (E
& E 347)