Pouvoir Illimité Pdf -
In the 20th century, the German jurist Carl Schmitt revitalized the concept of unlimited sovereignty through the lens of the "Exception." Schmitt famously declared, "Sovereign is he who decides on the exception." In a stable society, the rule of law prevails. However, in a state of emergency ( Ausnahmezustand ), the legal order is suspended. Schmitt argued that the true sovereign is the one who possesses the unlimited power to suspend the constitution. This decisionist theory underpinned the emergency powers utilized by regimes in the interwar period, demonstrating that pouvoir illimité resides not just in the monarch, but in the administrative state during crises.
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For Hobbes, the power of the Leviathan must be illimité because any limitation could serve as a pretext for a return to civil war. If the subject retains the right to judge what is dangerous, they might refuse conscription or taxation during a crisis, endangering the collective. Consequently, Hobbesian unlimited power is the price of security. Unlike Bodin, Hobbes moved closer to a notion of arbitrary power; the sovereign is the source of law, not subject to it. In the 20th century, the German jurist Carl
The concept of pouvoir illimité remains a central paradox of political organization. Theoretically, it offers the seductive promise of decisive action, unity, and an end to factional discord. From Bodin to Hobbes, great minds have argued that a power that is limited is a power that is ineffective. For less than the price of a movie
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