New Article: War by Other Means? Incentives for Power Seekers in Thomas Hobbes’s Political Philosophy

Eva Odzuck: War by Other Means? Incentives for Power Seekers in Thomas Hobbes’s Political Philosophy, in: The Review of Politics, Volume 81, Issue 1, pp. 21-46

https://doi.org/10.1017/S0034670518000931

Abstract

The problem of the power seeker is of crucial importance for Hobbes’s political philosophy. While education might aid in changing the behavior of some people, Hobbes is clear that there are limits to the effectiveness of education and that incurable, unsocial power seekers will persist. In my analysis, I ask whether and, if so, how Hobbes can also get these incurable power seekers on board. The result of my findings that Hobbes provides a huge variety of treatments for power seekers, including incentives to betray and exploit their fellow citizens by employing a public gesture of civility, has implications for Hobbes research: it shows the complexity and costs of Hobbes’s “solution” to the problem of war and corrects a widespread developmental hypothesis about the concept of honor in Hobbes’s works. Thereby, it can also enrich a recent diagnosis about the decline of honor in modern societies.

Online Colloquium (1): Introduction to Hobbes and the Two Faces of Ethics

This online colloquium has been established to discuss Arash Abizadeh’s recent book, Hobbes and Two Faces of Ethics. We begin with an introduction to the text by Professor Abizadeh himself, which will be followed by weekly responses from Sandra Field (Yale-NUS), Michael LeBuffe (Otago) and Daniel Eggers (Köln), and finally by a reply from Arash Abizadeh. Many thanks to Cambridge University Press for supporting this colloquium.

 

Eudaimonia was the Greek term for the ultimate good of a human life, what the Latins translated as felicitas and in English is often translated as well-being, happiness, or flourishing. The central question of Greek ethics had been: How should I live? The nearly unanimous answer was: Live the best life, the life of eudaimonia, and cultivate the character conducive to living such a life. What the eudaimonist philosophers disagreed about was what the good life consists in: a life of pleasure, of virtue, of bodily and external goods, or some combination thereof. But they agreed that practical reasons are ultimately all grounded in one’s own good. Perhaps one should be beneficent or just to others, but if so, ultimately it is because being beneficent or just is good for one’s own self, a constituent of—or at least the means to—one’s eudaimonia or felicity.

Hobbes stood at a watershed in the history of ethics, a moment in which the eudaimonist model rooted in ancient Greece began to give way to a distinctly modern, juridical model of morality. If Greek ethics focussed on the dispositions of character conducive to eudaimonia, modern ethics took the form of a juridical code specifying moral laws and obligations that could in principle conflict with one’s own good. It is in the works of Grotius and Hobbes in particular that we see the emergence of a juridical notion of obligation. The traditional eudaimonistic notion of ethical obligation just amounts to a reason one has whose normativity is grounded in one’s own good or felicity. Thus for Aquinas to say one is obligated by natural law was simply for him to say that conforming to natural law is conducive to one’s own felicity. Although for Aquinas natural law is intrinsically oriented to the common good, the reason one should act for the common good is that it is a constituent of one’s own good. Hobbes dropped the assumption that the common good is a constituent of the individual’s good, but he nevertheless retained a eudaimonistic notion of obligation: it is in this eudaimonistic sense that Hobbesian laws of nature “oblige” each rational creature. (Hobbesian laws of nature are intrinsically oriented to the individual’s own good or “self-preservation,” not the common good as in classical natural law). But Hobbes also deployed ‘obligation’ in a distinct, new, juridical sense to name what one owes others, that is, obligations to which others have the normative standing to hold one accountable (just as, under the Roman law, others had the legal standing to hold one accountable to one’s legal obligations). Hobbes thought that by right of nature human beings are free of all obligations in this strict, juridical sense: if one violates natural laws prior to conventionally acquiring juridical obligations, others have the standing to criticize one for being imprudent, and are free to protect themselves as they see fit, but no one has the standing to hold one accountable. One does not owe it to others to act prudently to secure one’s own felicity. But once one acquires obligations by contract, one is accountable to those to whom the obligation is owed.

These are the two faces of ethics in Hobbes, represented on the book’s cover by the figures of Prudentia on the right and Justitia on the left (in a seventeenth-century engraving by the Dutch artist Hendrick Goltzius). The first face comprises reasons of the good: reasons for which we are responsible, but for which we are not accountable to anyone. It paradigmatically consists for Hobbes in the precepts of natural law, which prescribe the means of self-preservation. We are responsible in the sense that, qua rational creatures, the actions or passions these reasons govern are attributable to us: we may be correctly counselled or warned, and justifiably commended or criticized, in their light. But we do not thereby owe anyone any excuse, justification, or compensation. The second face comprises reasons of the right: reasons for which we are second-personally accountable to others. It paradigmatically comprises the obligations arising from contract. Here others have standing to demand our conformity to such reasons in ways that reiterate and seek to vindicate the demand in case of failure to conform, that is, to condemn and sanction failures by demanding excuses, justification, or apology, and exacting compensation. Failing to heed reasons of the first kind renders us an appropriate target for criticism or critical blame, but failing to heed the second kind renders us an appropriate target for vindicatory or reactive blame or sanction.

Recognizing these two faces of Hobbesian ethics is indispensable for resolving several apparent puzzles plaguing Hobbes scholarship. One puzzle concerns the relation between natural right and natural law. Hobbes asserted that by nature humans are free from obligation: obligation arises only by voluntary conventions such as contract. Yet he also asserted that by nature humans are obligated by natural laws. How could people prior to giving up their full right of nature be free of all obligation while at the same time obligated by natural law? The answer becomes clear only once we recognize the two faces of ethics: by right of nature people are free of juridical obligations, whereas the laws of nature impose merely eudaimonistic obligations. The two faces of ethics are also reflected in Hobbes’s distinction between rational agents and persons. In virtue of their capacity for reasoning, rational agents have normative reasons: they “own” or are attribution-responsible for their actions. But to be accountable to others—to occupy the second-personal standpoint—one must also be a person to them, which requires being intersubjectively recognized as a person by them. The artificial category of personhood is central to Hobbes’s ethics.

For Hobbes, these two dimensions of normativity are neither reducible to nor derivable from each other. Whereas the science of the good concerns natural laws and eudaimonistic obligations, the science of justice concerns artificial laws and juridical obligations. To be sure, fulfilling contractual obligations is also prescribed by Hobbes’s third law of nature, but this is because in Hobbes’s view we have prudential reasons to heed reasons of the right—not because natural law furnishes or grounds reasons of the right. Prudence coincides with justice, as Hobbes insisted in his reply to the Foole, but it does not ground justice. In repudiating natural sociability, Hobbes was denying that conventional, juridical obligations derive from or reduce to natural, eudaimonistic ones. He was also denying that the common good is constitutive of one’s own good: Hobbes repudiated the classical assumption of an underlying harmony of interests. Hobbes confronted the ensuing spectre of fundamental clashes of interests by appealing to a common social good—peace—constructed from the overlap between each individual’s antecedent good. And he obviated the possibility of divergent eudaimonistic and juridical obligations by building prudential constraints into the content of the latter (via what I call his sign theory of consent). Prudentia and Justitia are distinct figures, each with their own face, but locked in intimate embrace.

The book has two overarching ambitions. One is to identify—at the level of normative ethics—the two dimensions of normativity I have just sketched and their relation to each other. The second is to provide a sustained treatment of Hobbes’s implicit metaethical commitments—in particular, to show Hobbes’s commitment to genuine, irreducibly normative truths. This is the topic of Part I and the book’s concluding chapter. Hobbes was at the forefront of the new, mechanistic model of science gripping the seventeenth century. He claimed the only real entities are bodies in motion and all real properties reduce to extension and motion. Many of his readers have consequently assumed he was ultimately a nihilist about genuine, irreducibly normative properties and truths. Some have read him as a kind of ethical-naturalist reductionist (according to which all normative properties and facts reduce to non-normative ones, concerning, for example, the means for fulfilling one’s own desires), as an error theorist (according to which, because there are no genuinely normative properties, all positive, genuinely normative judgements and propositions are erroneous), or as a prescriptivist (according to which normative judgements and discourse are not truth apt, because they do not purport to represent anything, but merely prescribe what to think, feel, or do). The most promising interpretation construing Hobbes as a nihilist about irreducible normativity, however, is a hybrid view, according to which normative discourse consists in (a) a prediction about what people would do upon reasoning properly along with (b) the prescription that they do it. Yet even this hybrid view ultimately falters: it is gainsaid by Hobbes’s account of deliberation, reasoning, and counsel, which presupposes genuine, irreducibly normative truths. In the book’s concluding chapter I return to his metaethics to argue Hobbes is best read as a naturalist who denied that normative properties are real (they have no causal standing) but who nevertheless took irreducibly normative propositions to be truth apt and many of them—viz. his own—to be true.

Part II is devoted to the first, attributability dimension of normativity (reasons of the good). Hobbes was not a subjectivist or instrumentalist about reasons: he was a prudentialist who (like the ancient eudaimonists) held that even those who do not properly care for their ongoing good or felicity ought to do so. Many readers have thought that Hobbes either denied the existence of an ultimate good for human beings, or at least denied felicity any role in determining what one ought to do. They have thought that the normative foundation of Hobbes’s normative theory, and hence of his laws of nature, is a notion of bare survival or death-avoidance that makes no reference to a substantive conception of the good. I demonstrate this is a mistake: Hobbesian laws of nature are grounded not in survival, but in “self-preservation” in an expansive sense that includes the constituents of a minimum level of felicity. The normative foundation of Hobbesian natural law is not life per se, but a life worth living. (This is why under some extreme circumstances, suicide might be reasonable.) And felicity consists in a life of ongoing pleasure: Hobbes was a hedonist about the good. But he departed from classical, Epicurean hedonism in two important respects: neither felicity nor pleasure is a “final” end in the sense of being the aim of all valuable action; and felicity does not come from the termination of desires. Hobbes took felicity primarily to consist, not in pleasures of satisfaction, but in ongoing anticipatory pleasure: the pleasure we take when we imagine and hope for the satisfaction of our desires (where hope is nourished by repeated past success in satisfying desires). It is true that which particular desires people have and what they take pleasure in differ from one person to the next. In this sense Hobbes did not advance a “thick” conception of the good life. But it is still substantive: it consists in ongoing pleasure. (In the book I clarify Hobbes’s theory of the good and felicity in part by mining the rich evidence found in Hobbes’s manuscript Anti-White. The manuscript has unfortunately been unduly neglected by anglophone scholars, partly because it is a recent, mid-twentieth-century discovery and partly because the only available English translation is so atrocious. I provide retranslations of all quoted passages.) Hobbes was also alive to the role of language in not just describing, but determining what is instrumentally good. In prescriptively self-fulfilling circumstances, calling something ‘good’ may actually make it good (by helping to bring about the social preconditions in which the thing actually serves as a means to the good). This is what the Hobbesian sovereign does.

Part III is devoted to the second, accountability dimension of normativity (reasons of the right). Being owed an obligation does not reduce to the naturalistic relation of holding someone accountable; it consists in the normative standing to hold accountable, i.e., the standing to censure in second-personal, reactive ways demanding a response. Hobbes used the juridical vocabulary of “accusation” and “condemnation” to distinguish these reactive forms of blame from mere criticism. It is true that Hobbes defended a prospective theory of punishment: punishment should always be for the sake of some future good such as deterrence or reform; inflicting pain on others solely with a view to the past, or simply to take pleasure in exacting revenge, is a mode of imprudent cruelty forbidden by natural law. Nevertheless, he also viewed reactive punishment, which expresses revengefulness, as a mode of prospectively deterring and reforming recalcitrant behaviour: in punishing criminals, the commonwealth acts prospectively not merely by providing material incentives for future conformity; punishment also dialogically reiterates the initial legal requirement and seeks to elicit from the accused a normative response acknowledging the requirement.

Hobbes’s role as a watershed in the transition from the ancient, eudaimonist conception of ethics to the modern, juridical conception of morality—and the question of whether Hobbes advanced a genuinely moral philosophy in the modern sense—has been obscured by the fact that Hobbes himself continued to use the word ‘moral’ in its older senses. In the aftermath of the seventeenth century, philosophers today typically use the term in one of two ways: to denote reasons grounded in a requirement to take others’ interests impartially into account; or to denote reasons for which one is accountable to others. Both the impartialist and accountability conceptions raise the anti-eudaimonist possibility that morality may sometimes require acting against one’s own interests, i.e., against prudence. For classical writers, by contrast, the Latin term moralis, which translated the Greek ēthikos, simply referred, in its most generic sense, to the actions of normatively responsible agents, i.e., actions meriting praise or blame. As a result, mores could also refer to the customary norms regulating social interaction amongst responsible agents—what in French became ‘moeurs’, in English ‘morays’ and ‘manners’, equivalent to what today we call social. To call norms moral in this sense is not even to claim they are genuinely normative, but merely to say they are social norms, i.e., customarily followed in social interaction. By extension, genuine reasons are moral in this sense insofar as they govern social interaction. Here, moral reasons neither require impartially considering others’ interests, nor are owed to others; they are moral in the sense they govern social interaction and what foreseeably affects others’ interests. Classical authors also used ‘moral’ more strictly to denote what serves interests others share with oneself, that is, the common good. Yet moral reasons in this sense are not, as in impartialist theories, grounded in the common good: for the eudaimonists, one’s practical reasons are all grounded in one’s own good.

Hobbes used the term ‘moral’ in the inherited classical sense. In calling natural laws “moral laws,” he meant they govern social interaction; indeed, he meant they prescribe means to one’s own preservation that are also means to others’ preservation, i.e., that are also conducive to a common good. Natural laws are not, however, intrinsically moral in the modern, impartialist or accountability, senses: they are essentially prudential precepts articulating merely eudaimonistic obligations. Thus the set of precepts articulated in natural law that compose what Hobbes called “Moral Philosophy,” which “is nothing but the Science of what is Good, and Evill, in the conversation, and Society of man-kind” (Leviathan 15.40), is not a genuinely moral philosophy in either the impartialist or the accountability sense. But it would be a mistake thereby to conclude Hobbes did not advance a moral philosophy in any modern sense. He did—not in the impartialist sense, but in the accountability sense. His label for that part of ethics concerning what we owe each other was not “moral philosophy” or “ethiques” but—as he put it in Leviathan’s table of sciences, “The Science of JUST and UNJUST.” Reasons of the right are reasons of Justitia.

Prudentia and Justitia are locked in intimate embrace because reasons of the good, according to Hobbes, shape the content of reasons of the right. Reasons of the right are acquired by convention, through voluntary acts of consent signifying to others one’s intention to obligate oneself to them. But Hobbes did not ground consent in one’s actual intentions; he grounded it instead in the intersubjective signs of consent. He therefore grounded consent in the intention others could reasonably impute to one in social interaction, on the basis of semantic and syntactic conventions and pragmatic context, but also on the assumption that one acts in a minimally reasonable and prudent fashion. This is why, Hobbes argued, some aspects of our right of nature are inalienable: no one could ever reasonably understand us to be intending to consent to an obligation to refrain from preserving for ourselves a life worth living. It is also why a developed legal system inherently incorporates the laws of nature: judges must interpret the sovereign’s legislative will (as expressed in civil law) by imputing to him the prudential intention to conform to natural law. Reasons of the good shape the content of reasons of the right at both the individual-ethical and the political-legal levels. Prudentia is locked in not merely an intimate but also a rather public embrace of Justitia.

Arash Abizadeh (McGill University)

New Article: Rethinking the sexual contract. The case of Thomas Hobbes

Lorenzo Rustighi (2018): Rethinking the sexual contract: The case of Thomas Hobbes, in: Philosophy & Social Criticism

https://doi.org/10.1177/0191453718814881

Description

Feminist scholars have long debated on a key contradiction in the political theory of Thomas Hobbes: While he sees women as free and equal to men in the state of nature, he postulates their subjection to male rule in the civil state without any apparent explanation. Focusing on Hobbes’s construction of the mother–child relationship, this article suggests that the subjugation of the mother to the father epitomizes the neutralization of the ancient principle of ‘governance’, which he replaces with a novel concept of ‘power’ as formally authorized command. This scrutiny leads to three main conclusions: (1) a radicalization of Pateman’s concept of ‘sexual contract’; (2) the acknowledgement that patriarchy is inseparable from the logic of political authority constructed by Hobbes; and (3) the claim that criticism of patriarchal rule requires an overall problematization of the mainstream conception of political participation we have inherited from modern political science.

New Book: Thomas Hobbes and the Natural Law by Kody W. Cooper (University of Notre Dame Press)

Kody W. Cooper (2018): Thomas Hobbes and the Natural Law (University of Notre Dame Press)

Description

Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes’s thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.

Table of contents

  • Contents
  • Acknowledgments
  • Introduction
  • The foundations of Hobbes’s natural law philosophy
  • Hobbesian moral and civil science : rereading the doctrine of severability
  • Hobbes and the good of life
  • The legal character of the laws of nature
  • The essence of Leviathan : the person of the commonwealth and the common good
  • Hobbes’s natural law account of civil law
  • Conclusion
  • Notes
  • Index

New Book: Philosophy, Rhetoric, and Thomas Hobbes by Timothy Raylor (Oxford University Press)

Timothy Raylor (2018): Philosophy, Rhetoric, and Thomas Hobbes (Oxford University Press) (forthcoming)

Description

Thomas Hobbes claimed to have founded the discipline of civil philosophy (political science). The claim did not go uncontested and in recent years the relationship of philosophical reasoning to rhetorical persuasion in Hobbes’s work has become a significant area of discussion, as scholars attempt to align his disparaging remarks about rhetoric with his dazzling practice of it in works like Leviathan. The dominant view is that, having rejected an early commitment to humanism and with it rhetoric when he adopted the ‘scientific’ approach to philosophy in the late 1630s, Hobbes later came to re-embrace it as an essential aid to or part of philosophy. Philosophy, Rhetoric, and Thomas Hobbes proposes that Hobbes was, from first to last, dubious about the place of rhetoric in civil society, and came to see it as a pernicious presence within philosophy – a position from which he did not retreat. It offers a fresh and expanded picture of Hobbes’s humanism by examining his years as a country house tutor; his teaching and his translation of Thucydides, the influence on him of Bacon, and the range of his early natural historical and philosophical interests. In demonstrating the distinctively Aristotelian character of his understanding of rhetoric, the book also revisits the new approach to philosophy Hobbes adopted at the end of the 1630s, clarifying the nature and scope of his concern about the contamination of philosophy and political life by the procedures of rhetorical argumentation.

Table of contents

Introduction
1: Noble Tutor
2: Civil History and Style in Thucydides
3: Poetry and Natural History in the Peak
4: Aristotle’s Rhetoric in the Schoolroom
5: Logic, Rhetoric, and Philosophy
6: Discovery, Proof, and Style
7: Rhetoric and Leviathan
Conclusion
Appendix: The Authorship of The Briefe of the Art of Rhetorique
List of Manuscripts

Strong references to Hobbes by Paul Sagar

Paul Sagar (2018): “The Opinion of Mankind. Sociability and the Theory of the State from Hobbes to Smith”, Princeton University Press

Description

How David Hume and Adam Smith forged a new way of thinking about the modern state

What is the modern state? Conspicuously undertheorized in recent political theory, this question persistently animated the best minds of the Enlightenment. Recovering David Hume and Adam Smith’s long-underappreciated contributions to the history of political thought, The Opinion of Mankind considers how, following Thomas Hobbes’s epochal intervention in the mid-seventeenth century, subsequent thinkers grappled with explaining how the state came into being, what it fundamentally might be, and how it could claim rightful authority over those subject to its power.

Hobbes has cast a long shadow over Western political thought, particularly regarding the theory of the state. This book shows how Hume and Smith, the two leading lights of the Scottish Enlightenment, forged an alternative way of thinking about the organization of modern politics. They did this in part by going back to the foundations: rejecting Hobbes’s vision of human nature and his arguments about our capacity to form stable societies over time. In turn, this was harnessed to a deep reconceptualization of how to think philosophically about politics in a secular world. The result was an emphasis on the “opinion of mankind,” the necessary psychological basis of all political organization.

Table of contents

  • Acknowledgements
  • Introduction
  • Chapter 1: Sociability
  • Chapter 2: History and the Family
  • Chapter 3: The State without Sovereignty
  • Chapter 4: Rousseau’s Return to Hobbes
  • Chapter 5: Adam Smith’s Political Theory of Opinion
  • Chapter 6: Alternatives and Applications
  • Index

New Article: Hobbes’s Religious Rhetoric and False Forms of Obligation

Nicolas Higgins (2018): Undermining Obligation to God: Hobbes’s Religious Rhetoric and False Forms of Obligation, in: Political Theology

doi.org/10.1080/1462317X.2018.1540176

Description

This paper examines Hobbes’s use of religious rhetoric, specifically his definitions of the terms grace, faith, and future words in his explanation of the nature and origins of obligation. Through categorization and analysis of Hobbes’s different forms of obligation, paying special attention to the religious rhetoric of the false forms, it becomes evident that Hobbes’s view of obligation is designed not only to establish a political order, but to undermine man’s obligation to God, and as such, remove the possibility of competing obligation in the life of the citizen, and thereby reduce the cause of civil wars.

New Article: Hobbes’s changing ecclesiology

Andrew Kenneth Day (2018): Hobbes’s changing ecclesiology, in: The Historical Journal, pp. 1-21

doi.org/10.1017/S0018246X18000304

Description

Readers of Hobbes have sought to account for differences between the arguments of his most influential texts. In De cive Hobbes (tepidly) endorsed apostolic structures of spiritual authority, while in Leviathan he at last unleashed his vehement anticlericalism. I argue that these disparities do not reflect an identifiable change in Hobbes’s ideas or principles over time. Rather, the political context in which Hobbes composed his treatises drastically altered over the course of his writing career, and the Hobbesian theoretical significance of those contextual developments best accounts for some ecclesiological inconsistencies across his oeuvre. There was, throughout the brief and tumultuous period after the regicide during which Hobbes composed Leviathan, no sovereign power in England to whom he should defer, and consequently he acquired certain liberties that subjects in a civitas forgo. Those included the renewal of his right to wage a ‘war of pens’ against High Anglican episcopal power.

New Article: the Whig legacy of Thomas Hobbes

Elad Carmel (2018): “I will speake of that subject no more”: the Whig legacy of Thomas Hobbes, in: Intellectual History Review

doi.org/10.1080/17496977.2018.1523570

Description

Hobbes left a complicated legacy for the English Whigs. They thought that his Leviathan was all too powerful, but they found other elements in his thought more appealing – mostly his anticlericalism. Still, the precise relationship between Hobbes and the Whigs has remained underexplored, while some still argue that Hobbes was simply too much of an absolutist for the Whigs to rely on his political ideas. This article attempts to show that Hobbes was, in fact, recruited by proto- and early Whigs for their causes. It shows how Hobbesian ideas were used in the toleration debates of the 1660s and 1670s, and even in debates on human reason and liberty of conscience. Then it demonstrates how similar Hobbesian principles, and even phrases, were used subsequently in the formative years of Whiggism from the 1680s to the 1720s, by thinkers who were worried, as Hobbes was, about the political aspirations of the Church. By collecting a series of prominent thinkers who are associated with Whiggism and who engaged with Hobbes in various ways – including Buckingham, Marvell, Cavendish, Warren, Blount, Tindal, Trenchard and Gordon – this article shows that Hobbes was employed systematically in the service of Whig causes, such as limited toleration, civil religion and an opposition to religious persecution.

New Article: Leviathan, Thomas Hobbes

Alan Ryan (2018): Escaping the War of All against All: Leviathan, Thomas Hobbes, in: Social Research: An International Quarterly, Vol. 85, No. 3 (Fall 2018), pp. 639-649

Description

Is Leviathan persuasive? One might think that the existence of the United States is sufficient refutation of Hobbes’s insistence that there can be only one source of law in a coherent political system; if federalism is one problem, the separation of powers is another. Hobbes was deeply hostile to judges who thought that their expertise in the Common Law gave them an authority equal or superior to the sovereign’s. On the other hand, one might think that the lumbering and lobbyist-ridden American system suggests that Hobbes was on to something even if we could not demonstrate it with the certainty of geometry. Above all, perhaps, his skepticism about rights and his prioritizing freedom from fear above all other freedoms still pose some awkward questions for us some 370 years later.