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New article: Thomas Hobbes on the Fiction of Constituent Power

Adam Lindsay (2018): “Pretenders of a Vile and Unmanly Disposition”: Thomas Hobbes on the Fiction of Constituent Power, in: Political Theory

doi: 10.1177/0090591718805979

Description

The prevailing interpretation of constituent power is taken to be the extra-institutional capacity of a group, typically “the people,” to establish or revise the basic constitutional conditions of a state. Among many contemporary democratic theorists, this is understood as a collective capacity for innovation. This paper excavates an alternative perspective from constituent power’s genealogy. I argue that constituent power is not a creative material power, but is a type of political claim that shapes the collective rights, responsibilities, and identity of “the people.” I do so by recovering Thomas Hobbes’s intervention into debates over constituent power among Scottish Presbyterians during the English Civil War. Though a materialist, Hobbes appreciated the centrality of the imagination to politics, and he argued that constituent power was one such phantasm of the mind. In Leviathan, he showed constituent power not to be a material power, but a world-making fiction that furnished political realities with ornamentation of the imagination, which might provide the beliefs and justifications to serve any number of political ends. More generally, the retrieval of a Hobbesian constituent power provides an important challenge to contemporary theories by demonstrating how partisan constructions of constituent power shape the political options available to groups.

 

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.