ABSTRACT

The limitations acknowledged by Jean Bodin were divided into two broad classes. Some were derivations from the law of nature and looked mainly to the protection of the rights of individuals. The others were positive fundamental laws which guaranteed the continuity and resources of the crown itself, and which Bodin refers to as loix royales or leges imperii. Since the theoretical issues posed by the latter are more complicated, it seems better to begin with them. In Bodin's formulation, the ideas that we have just set forth are introduced through a succinct but effective distinction between the powers of, the royal office and the title of an incumbent to possession of that office. The two main obligations on the ruler, both well-established in the civil law tradition, were to honor contracts made with private subjects and to recognize a claim for compensation where he had done damage to the right of property either inadvertently or by invocation of eminent domain.