A Man Outside the Law

A monarch who transcends the limits of the Law is a startling concept, especially if he is given divine right to stand above the rest and pass judgement.  If one is given to believe either Hobbes or Locke (though Locke would disprove of such a monarch), the people will have chosen--or at the very least agreed--to put themselves in this man's power. His influence includes the right to punish as "an aspect of the sovereign's right to make war on his enemies: to punish belongs to 'that absolute power of life and death,'" which seems to put our prince on level with a god--a decider of  right and wrong, life and death (Foucault, 48).   The people have created their own judge and executioner:  "A PUNISHMENT is an evil inflicted by public authority on him that hath done or omitted that which is judged by the same authority to be a transgression of the law" (Hobbes, 203).  This authority, however, answers to none but the Almighty (as a divine sovereign) and is given free reign of whim and fancy if he should decide to ignore this or that moral notion of propriety.

What should happen, then, if a prince were to become tyrant and take advantage of his immunity--assuming of course, the heavenly power which enthroned him does not deem it fit to strike him down?  Modern thinkers would demand his removal, and Locke would agree.  Yet, "there can happen no breach of covenant on the part of the sovereign; and consequently none of his subjects," because that would be going back on their word!  What mortal group could think of disposing a god appointed by God, anyway?  Even Locke concedes that revolutions are rare; if frequent, our textbooks would not print their glorious deeds in bold.  The Enlightened philosopher believes "people are not so easily got out of their old forms as some are apt to suggest," and fall into a sort of Stockholm Syndrome with their pompous leader (Locke, 234).  Certainly, a complete reform is not necessary for "every little mismanagement in public affairs," but the divine monarch does not have even this to fear (235).  His "mismanagements" cannot be questioned and his decisions absolute.  If lightning does not strike him from the sky, his judgement must be just.