博丹国家主权的至高地位与对国家主权的限制.docVIP

博丹：国家主权的至高地位与对国家主权的限制 博丹理论思想的历史背景 博丹的主权概念： 主权的定义 主权的对外含义 主权的对内含义 对主权的限制 博丹的“资产者”眼界 (From William Ebenstein ed., Great Political Thinkers: Plato to the Present, 3rd edition [New York: Holt, Rinehart and Winston, 1960], pp.344-348) The national state is the central concept of modern political thought, its tacit assumption, just as the city-state was that of antiquity, and universal empire that of the Middle Ages. Machiavelli came close to the idea of the state; he was the first to coin the term “state” (lo stato), but, as he was primarily interested in power and the rulers who struggled for it, but not in institutions, his use of the word “state” is strongly permeated with the meaning of “government”, the state….all still viewed from a personal angle. A clear formulation of the concepts of state and state sovereignty could occur only in a nation that was actually developing the appropriate judicial, administrative, and legislative institutions. Such institutions had been evolving in France since the late Middle Ages….But the appreciation of these changes was slow, and it is not until the sixteenth century that the first systematic and clear conception of sovereignty was worked out in The Six Books on the State (Les six livres de la Republique, 1576), by Jean Bodin (1530-1596). ….Bodin lived at a time when the unity of France, though finally accomplished territorially, was seriously threatened by religious conflict….The “War of Religion” started in 1562 and went on intermittently for over a generation. Clavinist Protestantism made incessant progress in France during the sixteenth century, and the attempt to eradicate it by force was met by resistance. In the Massacre of St. Bartholomew (August 24, 1572) religious conflict degenerated into murder, and the spirit of intransigence grew on both sides….What France needed for its preservation was more moderation and compromise, and less fanaticism and radicalism; it needed citi