The State and the Rule of Law: Sovereignty as a Barrier to Violence

This article provides an in-depth analysis of Blandine Kriegel's thought, focusing on the role of the state and the rule of law as a fundamental barrier protecting individuals from violence. The author deconstructs the historical and philosophical foundations of sovereignty, contrasting the modern rule of law with ancient feudal structures. A key element of this discussion is the hierarchy of freedom, in which the status libertatis—the right to personal security and bodily integrity—dominates over the status civitatis. The article warns against anti-juridism and the tyranny of the majority, pointing to public institutions as the only real guarantor of inalienable human rights. Through the metaphor of the judge and praetor, the article illustrates the tension between the letter of the law and the populist will of the people, arguing for the primacy of law in the defense of human dignity.