Schmitt, Bodin, and Hobbes on Sovereignty
摘要
In 1950 Schmitt published Ex Captivitate Salus in which he gave an account of the two times he was incarcerated by the Americans. Much of this book is depressing and not all that enlightening; however, there is one notable section that is highly revealing about how Schmitt viewed himself and his connection to law. In this section Schmitt maintained that the two “founders” of the modern theory of law, Jean Bodin and Thomas Hobbes, were basically like brothers to him. They shared the same need for order in the face of chaos; they both believed that law was based upon a sovereign. They all believed that the state needs a strong and decisive leader in order to survive. This chapter also included an examination of the doctrines of sovereignty that are found in the writings by Bodin and Hobbes and shows how much Schmitt relied on Bodin and Hobbes for his own theory of sovereignty in Politische Theologie and how much de departed from it.