These past years have witnessed a reemergence in the interest in Jean Bodin's (ca. 1530–96) political and legal thought with the recent publication of De la Démonomanie des sorciers (2016) and of Les Six Livres de la République (Livre I, 2013; Livre II, 2020; Livre III, 2022). Daniel Lee's latest offering represents a major contribution in the renewal of our understanding of the influence of Bodin on the domain of international law.
Lee makes very clear that his study does not constitute an intellectual history of Bodin and is mainly concerned with the legal and political notion of sovereignty, as explored by the author of the Six Livres de la République. Lee advocates for the possibility of understanding of Bodin's right of sovereignty independently from the context of the French Wars of Religion, which were impacting France during the publication of his works first in French in 1583, and then in their Latin translation in 1586. This ahistorical approach is especially appropriate for legal and political theorists, but it also offers a clear and highly didactic entry point for historically- or possibly literary-minded readers not as well versed in early modern legal and political thought. That said, Lee appears more at ease with the intricacies of Bodin's Latin version of the Six Livres de la République than its vernacular original French text, sometimes leading to circumvoluted considerations on sixteenth-century French. This does not constitute a matter for concern, as Lee understandably tends to put more emphasis on the Latin translation intended for an international scholarly readership than on the French vernacular text aiming at a wider readership composed mainly of French nobles. The subject of the discrepancies and variations between the French and the Latin translation would be a worthy topic for a lengthy study on its own, but way beyond Lee's intent. Furthermore, Lee always makes sure to offer both versions of the original text, in a very efficient and succinct manner, making his text easily readable.
Lee makes his objective clear from the very beginning of his study. His goal is not to rehabilitate but to give back to Bodin the place that he rightfully deserves in the elaboration of the notion of sovereignty, which has been discarded or misconstrued by some of the thinkers who followed him, such as Thomas Hobbes (1588–1679), Jean-Jacques Rousseau (1712–78), Jeremy Bentham (1748–1832), and John Austin (1790–1859). The study aims at revising the conception of Bodin being primarily an advocate for the doctrine of absolutism by methodically exploring the legal premises of his conception of the notion of legal right. Lee's analysis convincingly challenges the vision of Bodin as an advocate of the “gunman's theory” of the law by demonstrating the foundational legal notion of right, rather than the enactment of force, in the implementation of sovereign power. Bodin's notion of sovereignty is thus defined by a mutual contractual obligation between the sovereign and subjects based on the law of nature and the law of nations. Hence, legitimate sovereignty commands the sovereign to guarantee contractual obligations between subjects by formulation and implementation of laws.
The Right of Sovereignty, because of the methodical approach and the highly didactic style of the author, is accessible even to readers unfamiliar with Bodin's sources in Roman and canon law. The publication of Lee's book is also especially timely, given the recent publication of the bilingual critical edition, in French and in Latin, of the third of Bodin's Six Livres de la République done by Mario Turchetti. This third book is arguably the most difficult one of the six, and Lee's work provides an invaluable companion for any scholar taking a dive into Bodin's reflection on the pre-Westphalian notion of sovereignty.
