Hobbes’s account of the sovereign’s right to punish in Leviathan has led to a longstanding interpretive dispute. The debate is prompted by the fact that, prima facie, Hobbes makes two inconsistent claims: subjects (i) authorize all the acts of the sovereign, and are hence authors of their own punishment, yet (ii) have the liberty to resist such punishment. I argue that attending to Hobbes’s surprisingly neglected account of power yields a novel interpretation of his theory of punishment. Hobbes, it turns (...) out, is working with two conceptions of power: potestas, a juridical power, and potentia, a factual power. Each power grounds one of the ‘inconsistent’ claims above: potestas founds the authorized condemnation by the legal system, and potentia the factual enforced penalty, which is not directly authorized and can be resisted. (shrink)

ABSTRACTI contextualize and interpret the distinction in Hobbes’ Leviathan between the capacities of the sovereign and show its importance for contemporary debates on the nature of Hobbesian sovereignty. Hobbes distinguishes between actions the sovereign does on personal title, and actions he undertakes in a political capacity. I argue that, like royalists defending King Charles I before and during the English civil war, he maintains that the highest magistrate is sovereign in both his natural and political capacities because the capacities are (...) inseparable, though district. This position goes back to the treatment of Calvin’s Case by Francis Bacon and Edward Coke and has further precedents in medieval English constitutional thought. An important reason for Hobbes to include this doctrine in Leviathan, I suggest, is to provide a response to parliamentarians who employed the sovereign’s multiple capacities to justify armed resistance against the king. I show the relevance of this contextualization by intervening in two recent debates, regarding the possibility of constitutionalist limitations on the actions of the Hobbesian sovereign and regarding whether sovereignty is held by the commonwealth or by the person of the sovereign. (shrink)