This article answers questions about the consistency, coherence, and motivation of Hobbes's account of the right to punish. First, it develops a novel account of authorization that explains how Hobbes could have consistently held both that the subjects do not give the sovereign the right to punish and also that they authorize the sovereign to punish. Second, it shows that, despite appearances, the natural and artificial elements of Hobbes's account form a coherent whole. Finally, it explains why Hobbes thought it (...) was important to establish the sovereign's right to punish apart from the sovereign's power to punish. (shrink)

Thomas Hobbes’ theory of punishment plays a constitutive role in the Leviathan’s theory of state sovereignty. Despite this, Hobbes’ justification for punishment is widely found to be discrepant, weak, inconsistent, and contradictory. Two dominant tendencies in the scholarship attempt to stabilize the Leviathan’s justification for the state’s right to punish by either identifying it with the sovereign’s right to war or by elaborating a theory of authorization within the state. In contrast, by tracing the deployments of the metaphor that Hobbes (...) utilizes to evoke the state’s right to punish in the Leviathan (i.e. that of the nerves of the Leviathan) this paper finds that these two accounts can be made to be consistent with each other — thereby destabilizing the grounds upon which the theory of punishment can be founded. (shrink)

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)