Abstract

Though the notion of the free, or self-governed community, originated in ancient Greece, the Greek polis seems to pose a problem for the modern post-Hobbesian concept of sovereignty. For the latter presupposes that of the State, that is an agency which monopolizes the use of violence, as an instrument by which sovereignty is constituted. Yet, the polis was not a State but rather what the anthropologists call a stateless community. The latter is characterized by the absence of ‘government’, that is of an agency which has separated itself from the rest of social life and which monopolizes the use of violence. In stateless societies the ability to use force is more or less evenly distributed among armed or potentially armed members of the community. Being stateless, then, in what sense can we say that the polis was sovereign? On the practical level the Greek polis had a very limited ability to control and direct legislation. The decentralised nature of Greek society and the absence of coercive apparatuses meant that the laws had to be identical with the customs of the community or else that decisions had to be shared by a wide consensus, which imposed a severe limitation on the ability of the poleis to change their laws or initiate changes in the community. On the theoretical level, the absence of a State was complementary to the absence of the notion of sovereign, whether it is a person or an institution or a body which was above the law and a source of the law. Thus Greek ‘republicanism’ was different from the modern one in as much as it did not have the notion of ‘the people’ as a constituting element and Greek ‘rule of law’ lacked the modern notion of a positive open legislation