Monistic Theory of Sovereignty
Monistic Theory of Sovereignty
Monistic Theory of Sovereignty
Jean Bodin (1530-1596), Thomas Hobbes 1588-1679) and John Austin (1790-1859) articulated the ‘Monistic
theory’ of sovereignty. This theory emphasized the vesting of supreme power in a single central authority which
is bestowed the power to make supreme laws. In political science, sovereignty is usually defined as the most
essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory that
is its supremacy in the domestic policy and independence in the foreign one.
Jean Bodin: He examined the problem and concluded that the out of date medieval notion of
segmented society could not solve the present problem and rather there was a need of unitary
body politic that was above human law. Earlier the medieval notion was that, law is a part of
universal and eternal law and it conceived kings and rulers who enforced this law to be under it
themselves. The notion of state being the source of law as propounded by Bodin was
completely a new notion. Bodin propounded this theory of sovereignty to make the state as the
supreme political institution. His ‘Six Livres de la republique’ (Six Books of the Republic)
which appeared in 1576 is one of the most celebrated work where ‘Souverainete’ (sovereignty)
forms the central concept.
Thomas Hobbes: Hobbes considers sovereignty as an essential need to escape this state
of nature which he describes as ‘solitary, poore, nasty, brutish and short’ and one which leads to
war of all against all. To escape this insecurity Hobbes recommends absolute sovereignty which
according to him many may consider dangerous but its positive aspects overshadows the
negative ones. He considers ‘selfish motive’ to be the reason for every human action. Man
to avoid the insecure state of nature enters into a contract and sets up a civil society. Here the
citizens surrender their power and liberty to a person or group of people whom they authorize to
govern them. This authorized person becomes the sovereign and the rest are his subjects.
Hobbes attaches different attributes to a sovereign and justifies each of them in detail.
Sovereignty, for Hobbes, should be unlimited, irrevocable, inalienable and indivisible. To offer
a rational explanation for unlimited sovereignty, Hobbes points out that by nature man is
provided the right of self defense but in spite of it he faces continuous danger to his life during
civil wars and in a state of nature. To avoid this condition, we enter into the political state and
authorize the sovereign of our security and protection. As the ultimate aim of sovereign power
is to establish peace, justice and maintain security, to impose restrictions on a sovereign
becomes completely irrational. (Book- Leviathan, 1651)
John Austin: Austin was the most important contributor to legal theory or Monistic theory of Sovereignty.
The first theory which exerted wide influence was that of Jean Bodin. In his view sovereignty was the highest
power in a state which is subject to no laws but is itself the maker and master of them. It may reside in either
one person or in a number of persons, but in either case it is above law, incapable of any limitation and having
an absolute claim to the obedience of all. He admitted that in some way the sovereign is subject to Law of God
and laws of nature, and is therefore he is bound to respect the rights of property and personal freedom. Nearly a
century later a similar theory was put forward by Thomas Hobbes. He based his sovereignty on a covenant of
each member of a community with another member to surrender all their rights and powers into the hands of
one person or body who thereby becomes the sovereign. Since the sovereign is not himself a party to the
contract it cannot be annulled by those who made it. The authority of the sovereign is therefore permanent and
unlimited. Jermy Benthem revived Hobbes theory of absolute sovereign and justified it. (Book- The Province
of
Jurisprudence Determined)