Arbitraire et arbitrage

Published with the support of

In a world governed by law, the idea of arbitrary power is surprising, even shocking. Often, the only negative connotation of the word remains that of the whim of a ruler whose appetite for power is unbridled. Yet the notion of arbitrariness is closely linked to that of prudence and discernment. It is charged with the moral values of intelligence and sensitivity that are readily reserved for judges in the exercise of their functions. Arbitrary power, then, is a power of arbitration, in the settlement of conflicts and the administration of justice, but also in the face of the deficiencies, uncertainties or incompleteness of established norms. In the West, between the twelfth and eighteenth centuries, the notion of arbitrariness, a grey area of power that was originally rather technical and neutral, gradually acquired negative connotations, leading to its subsequent rejection by the philosophers of the Enlightenment. This book takes a variety of approaches to exploring some of the hitherto little-known aspects of the conceptual history of power over the long term.