Skip to main content
padlock icon - secure page this page is secure

UNMAKING LAW: JEAN BODIN ON LAW, EQUITY AND LEGAL CHANGE

Buy Article:

$22.37 + tax (Refund Policy)

Legislative power in modern jurisprudence is understood almost exclusively in terms of the power to make new laws. However, early modern jurists, such as Jean Bodin, regarded legislative power as consisting of two functions, not only the power to make laws, but also the power to unmake or abrogate laws. This article explores the implications of this twinned notion of 'making and unmaking' law in Bodin's thought — what I call the principle of legislative symmetry. I locate the source of Bodin's analysis in his technical use of the Roman law of obligations.Writing in the context of the early modern era of legal reform, Bodin recognized the need for sovereign states to free themselves, for reasons of equity, from entrenched ossified legal rules of antiquity. Sovereign states should not, according to Bodin's framing of the issue, be bound by the dead hand of the past. But as I argue, the sovereign power to effect legal change is introduced not so much as a defence of absolutism, as is commonly thought, but out of a desire for reinforcing the rule of law in the modern state.
No References
No Citations
No Supplementary Data
No Article Media
No Metrics

Document Type: Research Article

Publication date: January 1, 2018

  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
X
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more