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New article: Legal Thought in Early Modern England. The Theory of Thomas Hobbes

Raffaella Santi (2018):  Legal Thought in Early Modern England: The Theory of Thomas Hobbes, in: Economics World, Vol. 6, No. 5, 384-389

doi: 10.17265/2328-7144/2018.05.005

Description

Thomas Hobbes of Malmesbury (1588-1679) is one of the most influential British philosophers of the seventeenth century. The paper reconstructs Hobbes’s legal theory, focusing on his definition of law (civil law, as he calls it) found in Leviathan, XXVI, 3. The definition is only apparently simple, since it has been interpreted in different ways, especially with regard to the connections with natural law—and the Hobbesian assertion that civil law and natural law “contain each other”. Moreover, the definition of civil law changes in the corresponding paragraph of the Latin version of 1668. What is the meaning of this change? What about the divisions of the law/divisio legis, which—as Hobbes emphasizes—appears in different forms in different writers? Finally, if a good law is “that which is needful, for the good of the people”, what is it that dictates the paths to be followed by the sovereign representative, who is also the supreme legislator, when writing a new law? These are the main problems in Hobbes’s legal thought that the paper will address.

 

Book: Hobbes on Legal Authority and Political Obligation (Luciano Venezia)

Luciano Venezia, Hobbes on Legal Authority and Political Obligation (Palgrave Macmillan, September 2015)

About this book: According to the standard interpretation, Hobbes argues that subjects have binding political obligations because the sanctions for non-compliance provided by the law give them sufficient reason to obey. This view comprises an account of law and a theory of political obligation. The standard interpretation considers that for Hobbes the characteristic feature of law lies in its causal capacity to compel subjects to obey by the use of physical force or the threat to use physical force. In turn, this reading states that subjects are bound to obey the law because so acting best promotes their rational self-interest.

Hobbes on Legal Authority and Political Obligation challenges this reading, and develops an alternative interpretation of Hobbes’s theory of political obligation. According to the account developed in the book, the directives issued by the sovereign introduce authoritative requirements, so that the subjects are morally obligated to obey them.