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The nominalistic state: Bodin, Hobbes, Schmitt

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Interlacements

Excerpts from a chapter of my long essay: In the modern era, the marked influence of nominalism in theorizing about sovereignty can be seen in the thought of the controversial leviathanGerman constitutional scholar Carl Schmitt, who, following Bodin, postulated that sovereignty is not a function of the general rule but of the exception; that is, that it is primarily a question of who exercises the power to make exceptions. Thus the famous first sentence in his short but illuminating treatise on political theology: “Sovereign is he who decides on the exception.”[1] For Schmitt, at the heart of the issue of who is the true sovereign is this:

the concrete application, and that means who decides in a situation of conflict what constitutes the public interest of the state, public safety and order, le salut  public, and so on. The exception, which is not codified in the existing legal…

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Written by Romel

June 7, 2014 at 4:41 pm

Posted in Uncategorized

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