Justice pour la république (Politique, idée, société) (French Edition)

Constitution de la République démocratique du Congo

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At the beginning of the civil wars, Bodin wrote a letter to Jean Bautru of Matras, a counselor in the Parlement of Paris who was also attracted to evangelical ideas. If religion can be considered as the grounds and cause of wars, then those wars may be like a caring doctor who cannot heal a deep-seated disease without causing great pain or provoking much moaning from the patient. The sages of antiquity and the Christian era, he recalls, all distinguished themselves through their high morals and piety.

In this work Bodin developed his conception of universal, historical knowledge. Bodin continually surprises readers with the wide range of his knowledge. For example in his Response to the Paradoxes of Monsieur de Malestroit Response , , he explains his views on economic and financial matters. His theses on free trade, the benefits of exportation, and the error of establishing the value of money through royal decree regardless of the laws of the market, were unexpected by his contemporaries.

His reputation grew along with his interest in public life and the problems of the realm. Also in , he attended the Estates of Narbonne, possibly as an envoy for the central government. In , he became the gruyer and prosecutor for the king in a commission for the forests of Normandy. During a debate on the ancient, royal right to collect tithes on the sale of forests, Bodin opposed the tithes and the sale. He considered both as forms of alienation; the king was only a common user of forests that actually belonged to the people.

Bodin immediately translated the speech into French La Harangue , Bodin had known de Pibrac for many years, and Bodin later dedicated his Commonwealth to him. But was equally important in the history of France: By the end of November , he was received at court and sometimes dined with the king in order to discuss the most current events.

He recorded the proceedings of the meeting in his journal Recueil , Bodin wanted to see an end to the religious wars. Instead he would allow only the Catholic religion in France. At the same time, he took charge of the League or the Catholic Union. His studies and intellectual work increased and in he published Exposition of Universal Law Juris , a small methodic textbook in which his theory of universal rights completes his vision of universal history that he had developed earlier in the Method.

His work on judicial and historical research received not only praise, but also criticism, often harsh, which malicious readers heaped on him. This was exactly the opposite of what Bodin was trying to accomplish in his published works. On the other hand, the second accusation—the secretive membership in the Reformed religion—has found favor today amongst some modern biographers who attribute this membership to Bodin as a badge of honor.

Bodin, knowing well that these two accusations were unfounded did not deem it necessary to respond to his slanderer, le sieur de La Serre , who in the meantime had been imprisoned on orders of the king. Professor Andreas Franckenberger did not accept the arguments that Bodin leveled against the ideas of Sleidan and Melanchthon concerning the Old Testament book of Daniel. In his letter of dedication December 20, to Christophle de Thou, the first president of the Parlement of Paris, Bodin explains why he write the work and the meaning of its title.

The work was bold and perilous for its author. This inspection brought no results due to the intervention of eight prominent citizens and two priests who registered their support of Bodin. There are two sorts of religious edicts that alternate during the wars: The reality was such that, while the parties fought to claim the throne, the kingdom was without a king and the royalist party, which included Bodin, without a leader.

During this period, Bodin, as a public figure, as the man responsible for the city of Laon, as a well-known authority on constitutional rights, and as a private citizen, was obligated to define publicly his political positions. The Letter by Jean Bodin in which he discuss the reasons why he became a member of the League Lettre Bodin , of January 20, , published in Paris, Lyons, Toulouse, and Brussels, is clearly a masterpiece of political analysis once it is properly framed within its historical context.

The work continues to be discussed and disparaged by historians and biographers of Bodin.

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Some would say that Bodin was forced to change his political position, but this is not the case; rather, great changes had occurred in the historical reality. In effect, the royalists and the League had had similar views regarding concord, the survival of political institutions, and the Gallic State. They disagreed however about the means to achieve their objectives, most notably how quickly to go to war against the Huguenots, the excessive power of the Duke de Guise which diminished the authority of the king and the interference of the pope and Spain.

On these points Bodin, as a loyal officer of the king, kept his distance from the League. At that time the changes were so distressing that Bodin believed it was necessary to explain publicly the new circumstances in which France and the French found themselves. Examining the general situation of the warring factions, Bodin expresses himself frankly. He knew how to judge one of the most complex moments in French history clearly and without partisanship. By analyzing how he reaches his opinions, we can better understand his ideas.

They absolutely cannot agree by speaking together. Outside of the kingdom, they were even more powerful and counted in their alliance: Unfortunately he received bad advice from those who today carry arms and who belong to the opposing party. As far as the right of succession, according to his calculations, forecasts, the study of numbers, and degrees of relationship to the thirteenth degree for the Cardinal of Bourbon, Charles, brother of Antoine of Bourbon—King of Navarre, father of Henry—and to the fourteenth degree for the present King of Navarre, Henry Bodin had no doubt that the Cardinal of Bourbon had a better claim than the King of Navarre.

First he writes that the King of Navarre should be reconciled with the Catholic Church, which Navarre had already announced. Second, he should give the throne to his uncle, Charles de Bourbon, which given that Charles was sixty-seven at the time and died in May , would have been a temporary arrangement.

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Henry did not do this. Third, he should have sought an agreement between the Lorraines or the Guises and the other Catholic princes. Navarre does this before and after he is crowned Henry IV. Here we see a relatively little-known side to Bodin which nevertheless is consistent with the principles he had outlined in his Six Books of the Commonwealth. His advice is perceptive and objective; however, historians have glossed over this fact in order to depict Bodin as a man who should have been ashamed of joining the Holy Union. Yet Bodin was secure in his judgment, when he wrote Lettre Bodin:.

The victory of the Union would assure religious concord and the re-establishment of the institutions of the kingdom. This judicial measure was intended to restore the social and political cohesion of the realm in the short term. In the long term it was aimed at religious reunification in the one sole faith—that of the king.

2. Bodin’s Methodology of History and Law

This was the authoritative judgment of Pierre de Beloy, the sole contemporary jurist and commentator of the Edict. He died of the plague between June and September , after having declared in his testament that he wished to be buried in the church of the Franciscans of Laon. In his last years, Bodin occupied himself with two projects.

The first, Colloquium of the Seven about Secrets of the Sublime , concerned the essence of religion. The work would be published long after his death Heptaplomeres , The other, Theater of Universal Nature Theatrum , , dealt with natural philosophy. He had just enough time to add a dedicatory letter to Jacques Mitte, Count of Miolins on March 1, When he began his research, Bodin was drawn to analysis and systematics as methods for organizing knowledge.

According to Bodin, it is through analysis that one is able to divide universals into parts, and to divide each part into subsections without losing the coherence of the whole. Therefore synthesis, he states, is no longer necessary because the individual episodes of nearly all historical accounts are already well adapted to each other , and the best historians have carefully reconstructed these partial and regional accounts into the tableau of universal history.

Bodin writes Methodus [Me] Bodin ascribes a unique role to political knowledge, thereby distinguishing his writings from many similar treatments of the ars historica which were published at the end of the fifteenth century. Although he does not cite Bauduin, Bodin was indebted to this French author who was the first to describe in a scientific manner the multiple connections between law and universal history. The chapter headings include:. For Bodin, methodologies were visual representations of systems of knowledge.

If history is divided into divine history, natural history, and human history, then law can be divided into natural law, human law, the laws of nations, public law, and civil law. From there, Bodin briefly describes and defines legal matters including: The work is also illustrated with a number of schematic tables.

During his youth, Bodin received a Catholic education and he remained loyal to the Church until his death. Demonstrating his religious convictions, in a testament from June 7, , he requested to be buried in a Catholic Church. Nevertheless, during his middle years, he was critical of the church hierarchy and occasionally expressed antipapal sentiments.

On the basis of this evidence, his biographers have quickly labeled him a Protestant. Bodin possessed an expansive view of religion and a sincere belief in an all-powerful God. In this letter Bodin refrained from all commentary on the doctrine of the sacraments and dogma. Instead he considered the religion of Christ, to which he himself belonged mea vel potius Christi religio , as accessible to all men of good will.

The Heptaplomeres , written around , appeared posthumously Kiel, Here the author gives us evidence of his religious beliefs presuming, for the moment, that Bodin was, in fact, the author. The seven speakers in the work represent as many different religions, confessions, and philosophical schools of thought: On the other hand, the speakers differ on the freedom of worship. But beginning with Leibniz, the Heptaplomeres has not ceased to attract the attention of scholars on account of its outstanding erudition and the depth of the questions it addresses.

His antipapal sentiments, interspersed throughout his writings, have provided historians with evidence to label Bodin a Protestant. Some would later return to traditional Christianity. The books are titled:. Sovereignty, he contends, has an impact upon both the internal affairs of the State such as in its exercise of full political power as well as its external affairs such as in its conduct of war and international relations. Bodin paid particular attention to differentiating between the forms of State and the forms of government.

For instance he defined a monarchy as the rule of one; aristocracy as the rule of a few; and democracy as the rule by all people. Yet monarchies might still be democracies according to Bodin, if the prince allows all of the people to have access to magistracies and State offices without regard for nobility, wealth, or virtue.

Otherwise, a monarchy can be a form of aristocracy if the prince bestows State responsibilities only to the most noble, the richest, or the most virtuous. The same observations hold true for aristocratic and popular regimes. The distinctions between the forms of State and the forms of government are essential for understanding the differences between royal monarchies, despotic monarchies, and tyrannical monarchies.

The last two are easily confused. The difference between despotism and tyranny is crucial. Despotism is legitimate and sometimes legal. Tyranny, on the other hand, is always illegitimate, illegal, and contrary to natural and divine laws. Therefore Bodin demonstrates that he is in process of constructing his theory of sovereignty not that of despotism.

The same can be observed concerning absolute monarchies. Nevertheless a sovereign is always bound to natural and divine law. Sovereignty, according to Bodin, is as supreme as one wishes, but is also limited by natural and divine law.

Patrice Talon

The Kings of France were glorious because their sovereignty was limited by divine and natural law cf. Methodus , [Me] — This is a tendency that continues even today. In so doing, some historians have ascribed a doctrine to Bodin that was foreign to him. Instead Bodin systematized and defined a theory of sovereignty.

But this problem of historical interpretation depends on the methodology and on the synchronic and diachronic perspective: Nothing should stop the historian from making such comparisons as long as it is not his or her sole method of analysis. As all historians understand, in order to fully and accurately understand an author, it is necessary to place his work squarely within the context and debates of his historical period.

Therefore one should judge and interpret Bodin based on the works, sources, and documents current in his century rather than on those that would appear in the future. In other words, the value of money had remained proportional to the amount of gold and silver it contained. For example, concerning inflation, Malestroict posited that although the price of land and property may have increased since the reign of St. Louis IX, inflation was not the culprit.

Instead he believed that it was the decreasing amount of gold and silver which the money contained that caused prices to rise. Malestroict was convinced, following the opinions of the time, that gold and silver were representative values that were not influenced by the fluctuations of world markets. Also, while the price of various items might increase, the items were worth a constant amount of gold or silver which did not fluctuate.

Bodin refuted this argument and concentrated on the question of the abundance of gold and silver which he considered the principal and singular cause for the high prices of his era. In this matter he added two other secondary causes for high prices: According to Bodin, war was another cause of rising prices: Bodin posited that the solution to this lay in ending conflicts, since then the parties could occupy themselves with trade amongst themselves rather than waging war. For Bodin, the price of gold and silver should be set by the laws of the market, in other words by supply and demand.

Hoping to advance these new ideas, Bodin was worried for people overwhelmed by inflation. His treatment of demonism is written as an antidote to the outbreak of sorcery. The work is divided into four books. The first introduces the reader to his basic ideas: The second book initiates the reader to magic in general and to silent and spoken invocations of evil spirits. Then he comes to the most debated questions, are those who renounce God bodily possessed by demons? Can one change humans into animals? Can sorcerers cause illness, sterility, hail, storms, the death of men and animals?

Book III proposes licit remedies against charms and incantations, and considers whether it is true that sorcerers have the power to heal. Here Bodin also addresses whether sorcerers have the ability to influence the finding of favor with the powerful, beauty, honors, riches, knowledge, and fertility. He discusses illicit means to prevent and heal evil spells, and the method for driving out evil spirits.

The fourth book concludes the work by tackling the issues of magical practice and most importantly, the inquisition of sorcerers. He examines the methods for proceeding against them, the proof required, and the penalties to be inflicted. In most cases Bodin recommends the death penalty by burning. In the last years of his life Bodin dedicated himself ambitiously to his work, with which he hoped to penetrate the secrets of the universe. His Theater of Universal Nature Theatrum is a treatment of the science of nature, or natural philosophy.

The first book examines the principals of nature and the origin and decline of the world. The second book addresses the natural elements of meteors, of rocks, metals and fossils. The third books explores types of animals; the fourth addresses the spirit, and the fifth book concerns the number, movement, and grandeur of the heavens respectively. This is an example of those works of natural philosophy, which wished to be exhaustive, and were typical of the Renaissance. Biographies have attributed religious, political, and philosophical doctrines to Bodin that he may have held.

Unfortunately these historians have not sought sources on which to base this claim. In fact, there are no sources that support this argument. The struggle of the Huguenots from the beginning of the civil wars, was to convert the king and realm to the true religion. Tolerance was not an ideal since one cannot tolerate what one cannot possibly accept.

For example how could one allow Christ to coexist with Belial, or a false religion to coexist with the one and only true religion? No further proof of this conviction is needed than the fierce struggle both Calvin and Beza waged against Castellion. This example causes one to ask the question: At the beginning of the wars of religion, they wanted to obtain the recognition of the reformed religion as the sole religion in the realm. Yet, after thirty-six years of war, and after the conversion of Henry of Navarre, they understood that their project was too ambitious and had to be limited.

Only through true religious tolerance could they convert the remainder of the kingdom at a later time. The unity of faith, and Calvinist religious concord were the ideal of Reformers too. For instance they were accused of having no religion because they were inclined to admit the definitive coexistence of different forms of worship in the interest of civil peace.

Thus these scholars believed they had done a great service to the men of the past by presenting them as forerunners of the later values. But, as we have seen, Bodin viewed confessional concord as the means capable of returning religious, civil and political unity to the kingdom. The freedom to worship is also at the heart of the question of tolerance. When Bodin and many of his contemporaries thought about tolerance, it was only as provisional tolerance with the hope of achieving civil peace and religious reunification in the future.

For Bodin, concord was essential since it formed the foundation of sovereignty and was necessary for the full exercise of power. To be fair to Bodin, the offenses poured out against him by his malicious contemporaries at the time of his adhesion to the League should be analyzed and understood historically. The trail is a false one since his mother was not Jewish. Paul Collinet, who maintained initially that Bodin was not in Paris but in the county of Rethelois at the time Collinet , , later revised his ideas: Bodin de Saint-Amand our J.

Bodin with another, J. Nevertheless, Cornu himself cannot say where our Bodin was at that time. Bodin, like the majority of people in the sixteenth century, believed in the devil and the power of Satan. These beliefs made his biographers, especially those of the nineteenth century, uneasy. Such vain preoccupations and a lack historical sense are two faults, among others, that distort the historical analysis of Bodin by those who wish to make him a man of their time rather than allowing him to be a man of his day.

Even if the issue of his authorship has not been decisively resolved, one of the secondary but beneficial consequences of these studies is that they have increased our understanding of the on sources which the author of this anonymous text drew — including not only the Daemonomania as well as the other works by Bodin, but also the writings of Johan Wier —; Wier Refutations of this thesis, on the other hand, have been published by Jean Letrouit , Andrea Suggi , , and Noel Malcom Sometimes historical research progresses by leaps and bounds instead of a gradual and steady evolution.

Biographers have been faced with a series of problems because, throughout his life, he was regularly confused with other individuals also called Jean Bodin, not least within his own family: For this reason, he has often been assigned roles by historians which he may not have played. He has been conflated, for instance, with a certain Jean Bodin arrested in two trials for heresy in Paris, one in and the other in Weiss , 17—8; Naef; Droz; but see Levron Among the avocats of the Parlement of Paris who swore an oath to uphold Catholism in , there were two Jean Bodins, one of whom was ours Delachenal , —6.

He was released on August 23, following the edict of pacification of Saint-Germain Weiss , ; Droz , 79; Boucher But this cannot be our Jean Bodin De Caprariis , Equally, there is no tangible or demonstrable proof to support the supposed Protestant leanings of Bodin. This particular supposition is linked to another, more general one, that Bodin had a truly reformed religiosity, coexisting with his other judaising tendencies and inclinations towards natural religion. All these hypotheses, however, have been undermined now that Letizia Fontana has demonstrated that the Jean Bodin who was present in Geneva in cannot possibly have been the philosopher.

Camille Chautemps radical forme son Gouvernement sans elles. Simone Veil le dit souvent. Monique Pelletier, elle, opte pour une femme. Le sort le plus enviable est celui de la virilisation: Le look suscite chez les journalistes politiques des commentaires incessants. On notera que les femmes vieillissent moins en poste que les hommes, aussi. Mais il est si rare!

En , les 3 femmes pressenties se font prier. La reconnaissance est tardive… dans un contexte nouveau et stimulant: La faute en incombe-t-elle aux femmes? Professions et fonctions des femmes au Gouvernement. Helmut Gruber, Pamela Graves ed. Histoire du suffrage universel , Paris, Gallimard, Scott, La Citoyenne paradoxale. Applaudissements nourris, bons sondages. Arrive Mme Nicole Pasquier. Le public se lasse.

Enfin un vrai ministre! Adler en , Les Femmes politiques… , op.

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