Here is my attempt to present my thoughts in brief:
1. I do not think Bodin would not consider the separation of powers to be conceptually incoherent, though he might think it was practically a bad idea. Sovereignty is invested in a single source even in systems with a separation of powers. As you say, the executive can be divided from the legislative, but all are subordinate to the sovereign, which could in theory change their relationship to each other (and indeed do anything else).
2. There have been many philosophers of democracy since then who have tried to defend the possibility of the subordination of sovereignty to law. Many think this is incoherent, including Bodin, Hobbes, and Karl Schmitt.
3. Speaking of Hobbes, he is very specific about this. A democracy can be sovereign, sovereignty can be invested not in a person but in an assembly. However, that assembly is not subject to the law but the maker of it, and that is sovereignty.
4. I think Bodin is really arguing against the sharing of sovereignty between sources rather than the division of powers. In previous centuries, the buck stopped at different, competing authorities. The Church, local privileges, and the crown all claimed that they were the sovereign on various issues. This remained an important argument for the power of the parlement vs the crown, and is perhaps best embodied in the 'mixed monarchy' of the Holy Roman Empire. He sees that as incoherent and undesirable. (As I understand it, the separation of powers is really more of an 18th century debate with Montesquieu and his gang.)
5. Given we're steaming ahead toward the 17th century and the great feast of sovereignty theory it provides, for which Bodin is but a tasty starter, I reckon this is something worth exploring and pinning down at this stage? Well, you are the sovereign here and cannot share power, those are just my thoughts.
6. Tim Stanton is probably the expert on this particular knotty area, even more than Quentin Skinner, and I know you'd find him a very engaging guest. I can see if I can put you in touch if you like?
The Substance of Sovereignty
Hi Peter, cracking episode as usual.
Here is my attempt to present my thoughts in brief:
1. I do not think Bodin would not consider the separation of powers to be conceptually incoherent, though he might think it was practically a bad idea. Sovereignty is invested in a single source even in systems with a separation of powers. As you say, the executive can be divided from the legislative, but all are subordinate to the sovereign, which could in theory change their relationship to each other (and indeed do anything else).
2. There have been many philosophers of democracy since then who have tried to defend the possibility of the subordination of sovereignty to law. Many think this is incoherent, including Bodin, Hobbes, and Karl Schmitt.
3. Speaking of Hobbes, he is very specific about this. A democracy can be sovereign, sovereignty can be invested not in a person but in an assembly. However, that assembly is not subject to the law but the maker of it, and that is sovereignty.
4. I think Bodin is really arguing against the sharing of sovereignty between sources rather than the division of powers. In previous centuries, the buck stopped at different, competing authorities. The Church, local privileges, and the crown all claimed that they were the sovereign on various issues. This remained an important argument for the power of the parlement vs the crown, and is perhaps best embodied in the 'mixed monarchy' of the Holy Roman Empire. He sees that as incoherent and undesirable. (As I understand it, the separation of powers is really more of an 18th century debate with Montesquieu and his gang.)
5. Given we're steaming ahead toward the 17th century and the great feast of sovereignty theory it provides, for which Bodin is but a tasty starter, I reckon this is something worth exploring and pinning down at this stage? Well, you are the sovereign here and cannot share power, those are just my thoughts.
6. Tim Stanton is probably the expert on this particular knotty area, even more than Quentin Skinner, and I know you'd find him a very engaging guest. I can see if I can put you in touch if you like?