The Concept of Sovereignty of Thomas Hobbes and Samuel Pufendorf and its Role in the Constitution of Modern Concept of State

Doctoral thesis, Master thesis Czech RESTRICTED
Belling, Vojtěch (2016)
  • Subject: suverenita; Hobbes; representation; morální osoba; Pufendorf; sovereignty [reprezentance; moral person; právnická osoba; juristic person; Klíčová slova]

It is a topos of postmodern law and political philosophy to speak about the "change" of the concept of sovereignty, and to put the current forms of state existence in opposition to the "classical" theory of sovereignty. The theoretical content of this "classical" doctrine is too easy identified with the empirical reality of the Westphalian state system and understood as an apotheosis of the autonomous, independent states and legal systems. In this thesis I have therefore tried to investigate the logical core of the doctrine of sovereignty of two important political philosophers of the 17th century, Thomas Hobbes and Samuel Pufendorf. Based on the analysis of the central works of both authors, in the light of the latest research, the work shows that their understanding of sovereignty can only be understood with the help of the analysis of the concept of fictitious (or fictitiously) created artificial (moral) person. Sovereignty is no term for an empiricial force or violence, but the name for an imaginative absolute power that is connected to the artificial sphere of fictitious legal reality which is radically separated from the empirical world. The "sovereign power of the Commonwealth" is related to the fictional character of the state, which is identical to the concept of people (populus). The...
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