(2001). The rule of law and the rule of persons. Critical Review of International Social and Political Philosophy: Vol. 4, Trusting in Reason: Martin Hollis and the Philosophy of Social Action, pp. 221-251.

(2001). Whose dirty hands? How to prevent buck‐passing. Critical Review of International Social and Political Philosophy: Vol. 4, Trusting in Reason: Martin Hollis and the Philosophy of Social Action, pp. 106-122. doi: 10.1080/13698230108403367.

With reference to examples of violence during Apartheid, I argue that the socio-political contexts in which violence occurs significantly shape agents ideas about and responses to violence. As such, philosophers can only make sense of why perpetrators and bystanders alike may have judged violent acts morally justifiable or failed to challenge instances of violence against the backdrop of the particular characteristics of the socio-political context in which it occurs.

Discussing Difference and Dealing With Desolation and Despair Content Type Journal Article Category Editorial Pages 315-317 DOI 10.1007/s11673-011-9331-1 Authors Michael A. Ashby, Palliative Care and Persistent Pain Services, Royal Hobart, Hospital, Southern Tasmania Area Health Service, and School of Medicine, Faculty of Health Sciences, University of Tasmania, 1st Floor, Peacock Building, Repatriation Centre, 90 Davey Street, Hobart, TAS 7000 Australia Leigh E. Rich, Department of Health Sciences (Public Health), Armstrong Atlantic State University, 11935 Abercorn Street, Savannah, GA 31419, USA Journal (...) Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529 Journal Volume Volume 8 Journal Issue Volume 8, Number 4. (shrink)

The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only (...) be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals’ concerns and interests—aims, desires, needs, strivings—insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions. (shrink)

Strong central authorities are able to effectively manage costly defection, but are unable to adequately address lesser conflicts because of limits to their ability to monitor and enforce. We argue, counterintuitively, that these limitations build cooperation and trust among subordinates: the limitations contribute to the production of order. First, limits to authority leave space for locally informed decentralized enforcement. Second, central authorities act as powerful but incompetent third parties whose threatened interventions increase incentives to cooperate and, therefore, to trust. We (...) outline the mechanisms by which a strong central authority enforces order and test their utility by considering the secondary literature on rates of conflict in strong, weak, and capricious states. We supplement this evidence, based on association, with a close examination of diverse case studies: baseball umpires, commercial contracts, and domestic disputes. By analyzing these case studies, we isolate and describe the mechanisms by which central authorities produce order in varied settings. We find that central authority may be effective, but the majority of this effectiveness derives from an indirect influence on dyadic relations rather than direct intervention. The state interacts with local communities, but each operates according to distinct logics. The particular character of their interaction produces four mechanisms useful in the production of order. We briefly explore implications for the operation of law as well as the production of generalized trust. (shrink)

Serial reciprocity exists when people reciprocate for what they have received--for example, from a parent, a friend, a mentor, a stranger, a previous generation --by providing something to a third party, regardless of whether a return is also given to, or makes its way back to, the original giver. To understand serial reciprocity as reciprocity, this article delineates the general features of the serial type of reciprocity and outlines two general situations in which serial reciprocity provides a viable option --the (...) only or the most appropriate option --for reciprocal return. It also argues for a more fundamental rethinking of reciprocity in general. A more cognitive and cultural perspective on reciprocity is proposed that focuses on the meaning of exchanges and treats reciprocity as a socially constructed element of a culturally available repertoire. This can better account for the existing serial type of reciprocity. The article concludes with suggestions for empirical research. (shrink)

Due to the domain characteristics of business ethics, a contractarian theory for business ethics will need to be essentially different from the contract model as it is applied to other domains. Much of the current criticism of contractarian business ethics (CBE) can be traced back to autonomy, one of its three boundary conditions. After explaining why autonomy is so important, this article considers the notion carefully vis à vis the contracting partners in the contractarian approaches in business ethics. Autonomy is (...) too demanding a condition for the realm of CBE. But a less stringent version of the contract may be possible, a version which uses the contract as a heuristic device, which merely requires moral responsibility. Furthermore, it is argued that views of (human) agency and the moral subject should be made explicit in such a theory. (shrink)

In order to present a hopefully comprehensive framework of what is the stake of the growing use of robot soldiers, the paper focuses on: the different impact of robots on legal systems, e.g., contractual obligations and tort liability; how robots affect crucial notions as causality, predictability and human culpability in criminal law and, finally, specific hypotheses of robots employed in “just wars.” By using the traditional distinction between causes that make wars just and conduct admissible on the battlefield, the aim (...) is to clarify how advancement of military robotics technology is transforming a 2,000-year-old legal debate on the concept of “just war.” For the first time, legal systems will hold political authorities and military commissioners responsible for what an artificial soldier autonomously decides to do. The paper examines how the new scenario affects both principles of military conduct and notions of justice in resorting to war. (shrink)

Establishing trust among individual agents has defined a central issue of practical reasoning since the dawning of liberal individualism. Hobbes was convinced that foolish self-interest always threatens to defeat uncompelled cooperation when one can gain by abandoning a joint effort. Against this philosophical background, scientific studies of human beings display a surprisingly cooperative species. It would seem to follow that biologically inherited characteristics impair our reason. The response proposed here distinguishes rationality and reasonableness as two forms of good reasoning. One (...) is consistent with the model of strategic rationality, the other with a model of emotional relationship. From the Hobbesian perspective trusting agents are not rational if their makeup discourages advantageous defection even when one knows it will not be detected or punished. The point is indecisive because reasonable trust insulates cooperative action from the factors that have appeared to make it chancy or unstable without some enforcing power. A critical theme is that trust does not simply rest upon a biological disposition to conform to norms. That would explain but not justify aversion to defection. In fact, trust can survive reasoned challenges to norm-conforming dispositions, displaying the responsible social animal living along with the rational individual. (shrink)

This paper considers the relation between mytho-poetic narrative and practical philosophy in an Idealist/Romantic fragment, usually attributed to Hegel, known as the ‘System-programme’. Like many works of the young Hegel, the text seeks political reform through a reform of religion and suggests that for politics to be truly motivating reason must be embedded in mytho-poetic discourse. This Hegelian ‘reform’ is in the service of a new, sensuous, practical rationality and a motivating political praxis. The paper places these issues in the (...) context of the religious thought of J.J. Rousseau, particularly his religious themes, as presented in The Social Contract . The paper also connects these issues to a political problem identified in recent work by Simon Critchley, the problem of practical or moral motivation. Critchley claims that while citizens of secular, liberal, democratic societies experience the political norms that shape their lives as externally binding, these norms are not internally compelling. Against this he claims that what are motivating are frameworks of belief that call the secular project into question. At least one of Critchley’s solutions to this problem is connected to the sphere of the religious. While accepting the idea that connecting social and political problems to religion can render them motivating, this paper will withhold from endorsing either the solution offered by the young Hegel in the ‘System-programme’ or Critchley’s, and raises doubts also about the Rousseauian response . It argues that these solutions fail to adequately address the problem they face: how to render contemporary political life internally compelling for modern political subjects? (shrink)

The fictionalist paradigm is introduced, and differentiated from other paradigms, using the Lincoln & Guba template. Following an initial overview, the axioms of fictionalism are delineated by reference to standard metaphysical categories: the nature of reality, the relationship between knower and known, the possibility of generalization, the possibility of causal linkages, and the role of values in inquiry. Although a paradigm's ‘basic beliefs’ are arbitrary and can be assumed for any reason, in this paper the fictionalist axioms are supported with (...) philosophical considerations, and the key differences between fictionalism, positivism, and constructivism are briefly explained. Paradigm characteristics are then derived, focusing particularly on the methodological consequences. Towards the end of the paper, various objections and misunderstandings are discussed. (shrink)

Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

One of the central tenets of Christian theology is the denial of self for the benefit of another. However, many views on the evolution of altruism presume that natural selection inevitably leads to a self-seeking human nature and that altruism is merely a façade to cover underlying selfish motives. I argue that human altruism is an emergent characteristic that cannot be reduced to any one particular evolutionary explanation. The evolutionary processes at work in the formation of human nature are not (...) necessarily in conflict with the possibility of altruism; rather, aspects of human nature are uniquely directed toward the care and concern of others. The relationship between altruism, human nature, and evolution can be reimagined by adopting an emergent view of the hierarchy of science and a theological worldview that emphasizes self-renunciation. The investigation of altruism necessitates an approach that analyzes several aspects of altruistic behavior at different levels in the hierarchy of sciences. This research includes the study of evolutionary adaptations, neurological systems, cognitive functions, behavioral traits, and cultural influences. No one level is able to offer a full explanation, but each piece adds a unique dimension to a much larger puzzle. (shrink)

Is morality biologically altruistic? Does it imply a disadvantage in the struggle for existence? A positive answer puts morality at odds with natural selection, unless natural selection operates at the level of groups. In this case, a trait that is good for groups though bad for individuals can evolve. Sociobiologists reject group selection and have adopted one of two horns of a dilemma. Either morality is based on an egoistic calculus, compatible with natural selection; or morality continues tied to psychological (...) and biological altruism but not as a product of natural selection. The dilemma denies a third possibility—that psychological altruism evolves as a biologically selfish trait. I discuss the classical treatments of the paradox by Charles Darwin and Robert Trivers, focusing on the role they attribute to social emotions. The upshot is that both Darwin and Trivers sketch a natural-selection process relying on innate emotional mechanisms that render morality adaptive for individuals as well as for groups. I give additional reasons for viewing it as a form of natural, instead of only cultural, selection. (shrink)

Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis (...) when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side. (shrink)

The aim of this paper is to provide a philosophic answer to a question, which is not at all rhetoric, as it may seem. The author, in fact, wonders whether identity has to be framed, as usual, as an absolute value, i.e., as an “all-or nothing” question. The conclusion of this inquiry is clearly a negative one: Identity, on the contrary, has to be seen as a value which is highly complex, fuzzy, and allowing for degrees, nuances, and trade-offs. In (...) modern societies there must be an interplay between identity and difference which is capable of ensuring institutional fairness and ongoing multicultural dialogue. (shrink)

The controversy over law and morality between positivists and normativists is largely a result of failure on both sides to understand the idea of authority. The author argues that Plato, Aristotle, Aquinas and Hobbes held a common notion of legal authority that was distinctively moral. They all saw the virtue of law (and the source of legal obligation) in the equal protection it provides for all against the disorder to which passion makes men vulnerable, and not in the justice of (...) its provisions. Michael Oakeshott, among contemporary theorists, best illustrates this approach to a resolution of the differences between positivists and normativists. (shrink)

In this paper, the author responds to the claim that his critique of legal positivism, based on an account of adjudication in South Ahica, misses its target because it ignores, first, the positivist thesis of judicial discretion and, secondly, the fact that positivism offers no account of judicial obligation. He argues that these theses expose a tension in positivism between its commitments to liberal individualism and to the supremacy of positive law, a tension which can be resolved only by situating (...) positivism in its true context, the Hobbesian argument for the legitimacy of law. Following Dworkin, he advocates the practice‐oriented common law tradition, one that makes the legitimacy of law a matter of standards already implicit in law which are best revealed in adjudication. (shrink)

General theory of law (general jurisprudence, allgemeine Rechtslehre) has often claimed to deal with general or universal concepts, i.e., concepts which are deemed to be common to any legal system whatsoever. At any rate, this is the classic determination of such a field of study as provided by John Austin in the nineteenth century—a determination, however, which deserves careful analysis. In what sense, indeed, can one assert that some legal concepts are common to different legal systems? And, above all, in (...) what sense can one assert that some concepts are common to different languages and cultures? My paper sets out to discuss such questions—although, obviously, they are too complicated to be answered in a single paper. The first section reconstructs the Austinian argument for general jurisprudence by placing it in its historical context. The second section tries to apply to legal concepts some suggestions derived from the contemporary debate on conceptual relativism. The third section, returning to the Austinian problem, comes to the following conclusion: Even if conceptual relativism were true and there were no general or universal legal concepts, this would not invalidate in any way the didactic and scientific value of (general) theory of law. (shrink)

This paper explores two feminist contributions to the analysis of the social contract tradition, comparing the political philosophy of Carole Pateman with the moral theory of Jean Hampton, to ask two questions. First, which points must feminists continue to argue in their critique of the social contract tradition today? The second question is: Can feminists actually draw anything from the social contract tradition today? It argues that Pateman's critique of contractarianism continues to be useful when read in the context of (...) her analysis of “self‐ownership” and subordination rather than as a rewriting of the social contract. Hampton's deployment of a Kantian test for the failure of respect for personhood within domestic (and other) relationships does not undermine Pateman's position. Consideration of how such an ideal can be understood as potentially compatible with Pateman's perspective raises issues about the radical potential within claims for equal respect for personhood. In Hampton's work, widespread “test failure” can be used to indicate that political action rather than moral analysis is required. Hampton assumes that those employing the test are able to abstract themselves sufficiently from their current position to imagine what it would be to be treated as a person. It is argued that this “moral test” should be envisaged as being asked in concert with others, at which point it has the potential to become political action. (shrink)

Hegelian‐Marxian doctrines of dialectic progress through war and conflict are traced to Christian theosophy of historical necessity and “imperialistic missionarism.” Jewish fossilized existence is traced to its antiproselytizing “kibbutz” ideology of dialogic coexistence. Tolerance is possible either through an ideological balance of terror between equal opposing powers or through mutual volitionary space evacuating Cabalic style contraction. According to the Biblical definition of covenant, brit, a coexisting shalom (peace) is possible only through separating and rebinding which comprises the shalem (complete). Japanese (...) Makuya Christianity is presented as an anti‐imperialistic model for mutual contraction facilitating the coexisting shalom‐shalem between equals who are different but not indifferent to each other. (shrink)

. The shift from a pre‐Copernican to a Copernican world view has caused an ever increasing sense of homelessness for the idea of a theistically conceived God. This paper first traces the historical development of this problem and its implications for the Christian faith. Next it presents some historically evolved “rescue” attempts and examines them critically. Then follows an inquiry concerning the biblical understanding of God's relation to space and a critical presentation of some contemporary proposals to make God's presence (...) intelligible. In conclusion we propose a dimensional model of relating God and the world, a model which allows for a reasonable discourse of God's immanence and transcendence. (shrink)

The central claim of Kant's political philosophy is that rational agents sharing a territory can justifiably be forced to live under a state; they have, in Kant's words, a duty of right to leave the state of nature. Perhaps something along these lines is entailed by any theory of state legitimacy, but the point raises special difficulties for Kant. He believes that rational agents have a right to freedom; that is, he believes that a rational agent's external freedom - her (...) ability to set and pursue ends for herself without being subject to the choices of others - can justifiably be restricted only for the sake of external freedom itself. To establish that human beings can be forced to join a civil condition, it will therefore not do to show that the state promotes security, prosperity or any other such value: Kant has to show that human beings living side by side need a state to be free. (shrink)

In this introduction, the author argues that Thomas Hobbes and Carl Schmitt can help us rediscover the foundations of politics and political thought. In the years since World War II, the prevailing paradigm of politics has largely centred on the redistribution of resources. Hobbes and Schmitt, by contrast, help us appreciate two other conceptions of politics. Firstly, these thinkers averred that it is the problem of order ? not redistribution ? which is the fundamental concern for any society. Secondly, both (...) were acutely aware of the role played by myth: that is, how shared ideas ? sometimes created for this very purpose ? serve to promote order, social cohesion, and law?abiding behaviour. The author also argues, finally, that normative theory and the social sciences in general have often neglected these two conceptions of politics. (shrink)

A free society requires a citizenry that is capable of taking personal responsibility for bettering their lot, and voluntarily promoting and protecting public goods such as education, health, public order, peace, and justice. Although the law backed by force can have some success at compelling people to make contributions to the public exchequer, refrain from criminal activity, honor legal contracts, and so on, an economically and politically free society cannot rely exclusively on the threat of coercion to induce in citizens (...) a sense of social responsibility. On the contrary, a free society depends on a well‐entrenched sense of responsibility that is internalized and actualized by citizens in their everyday lives. But any realistic attempt to frame an ideal of social responsibility must confront two serious challenges presented by the complexity and scale of modern societies, namely the challenge of knowing the content of our responsibilities and the challenge of finding the motivation to discharge them. With these challenges in view, this essay assesses the power of prevailing accounts of citizenship to generate an effective sense of social responsibility, and proposes some guiding principles to inform a broader theory of responsibility that might synthesize the strengths of political accounts while transcending some of their limitations. (shrink)

In The Leviathan in the state theory of Thomas Hobbes, Carl Schmitt puts forward the claim that there is a ?barely visible crack? in Hobbes's theory of the state that opened the door to liberal constitutionalism. This essay claims that Schmitt's ?thesis of the crack? is composed of two elements: first, Schmitt argues that Hobbes makes a concession to individual conscience in his discussion of miracles; second, Schmitt points out that Hobbes's individualism undermines his notion of the absolute state. As (...) Schmitt relies on an unconvincing critique of Hobbes's discourse on miracles in order to justify his more general claim against Hobbes's authoritarianism, this essay suggests that Schmitt's ?thesis of the crack? is untenable in the form that Schmitt presented it in 1938. An attempt, however, is made to salvage ?the thesis of the crack? by turning to concepts found in Schmitt's Concept of the political and in Political theology. Although Schmitt openly approved of the so?called protection/obedience principle, this essay claims that there are a number of crucial differences between Schmitt's formulation of that principle and Hobbes's own version; an examination of these differences enables us (i) to appreciate the consequences of Hobbes's individualism on his theory of the state and (ii) to shed new light on Howard Warrender's famous claim that Hobbes's sovereign is inherently weak. The essay concludes that in spite of Schmitt's fallacious formulation of the ?thesis of the crack? of 1938, his political theory affords us a rare vantage point from which we can clearly see a case against the association of Hobbes with authoritarianism. (shrink)

This paper examines the tensions in classical liberal theory ? particularly that of Locke and Kant ? between reason and conscience, and in contemporary liberal theory between the demands of reasonableness and the dictates of conscience. We intend to show that the relationship between reasonableness and conscience is both unstable and necessary; on occasions there seems to exist a moral obligation to provide public reasons for our conduct and at other times the silent call of conscience precludes public justification of (...) conscientious objection or dissent. (shrink)

Abstract Inspired by Rawls?s admission that his twentieth?century contract theory builds in the parochial horizon of modern constitutional democracy, this essay critically examines two truisms about seventeenth?century contract theory. The first is the stock view that the English case is irrelevant to the logic of Leviathan and the Second Treatise. To the contrary, I argue that their political conclusions depend on introducing constitutional and legal ?facts?, in particular, facts about the constitution of the English monarchy. Second, I challenge the Whiggish (...) characterization of contract theory as an important step in the development of democratic sovereignty. I draw on Hume?s famous critique of the genre to make the case that seventeenth?century contract theory addressed a peculiarly ancien?regime issue ? namely, resistance to legitimate rulers. In both respects, Hobbes?s and Locke?s social contracts are properly regarded as ancien?regime theories of politics. They are, as Rawls would put it, ?political not metaphysical? theories. (shrink)

Democracy is prone to what may be called presentism – a bias in the laws in favor of present over future generations. I identify the characteristics of democracies that lead to presentism, and examine the reasons that make it a serious problem. Then I consider why conventional theories are not adequate to deal with it, and develop a more satisfactory alternative approach, which I call democratic trusteeship. Present generations can represent future generations by acting as trustees of the democratic process. (...) The general principle is that present generations should act to protect the democratic process itself over time. They should try to make sure that future citizens continue to have competent control over their collective decision‐making. (shrink)

The Scottish Enlightenment is commonly identified as the birthplace of modern social science. But while Scottish and contemporary social science share a commitment to empiricism, contemporary insistence on the separation of empirical analysis from normative judgment invokes a distinction unintelligible to the Scots. In this respect the methods of modern social science seem an attenuation of those of Scottish social science. A similar attenuation can be found in the modern aspiration to judge the outcome of institutions or processes only with (...) regard to efficiency. While the tenet that efficiency is preferable to inefficiency is central to Scottish social thought, the Scots regarded maximization of quantifiable returns as only one among three ends that well-functioning institutions and processes promote. Scottish social science speaks also of virtue and liberty where ours speaks only of utility. This essay develops these differences in three sections. Its first section compares Scottish and contemporary understandings of social science methods. Its second section examines how these differing methodologies inform their differing conceptions of human flourishing and particularly led Scottish social science to focus on virtue and freedom in addition to wealth. The essay concludes by calling attention to three movements in social science today which might help us recover the best features of Scottish social science. (shrink)

Morality for the purposes of this paper consists of sets of rules or principles intended for the general regulation of conduct for all. Intuitionist accounts of morality are rejected as making reasoned analysis of morals impossible. In many interactions, there is partial conflict and partial cooperation. From the general social point of view, the rational thing to propose is that we steer clear of conflict and promote cooperation. This is what it is rational to propose to reinforce, and to assist (...) in reinforcing in society; it is not necessarily what it is individually rational to do. Even so, given the general situation, the rationality of its reinforcement will typically support the rationality of individual action as well. Game theory makes it possible to clarify these interactions, and these proposals for social solutions. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

In the last decade there has been a pragmatic turn in the work of those doing Christian ethics, especially as represented by the work of Jeffrey Stout and Franklin Gamwell. The pragmatic turn represents a critique of the highly influential work of Stanley Hauerwas and Alasdair MacIntyre, which argues for a strongly intra-church ethics. The pragmatists are correct in arguing that Christian ethics must engage the public sphere. However, I argue that they are deeply mistaken in their claim that this (...) engagement must rest on a weak or non-existent theology. I show that the claim that robust theology adds nothing to ethics, and that we can get along without it, is unsustainable. (shrink)

Is the principal concern of political philosophy the source of political authority? And, if so, can this source be located in individual consent? In this article I draw on Rousseau to answer the second question negatively; and in rejecting that answer, why we might answer the first question in the negative as well. We should be concerned with questions of legitimacy rather than with the source of authority and political obligation. Our principal concern, that is, should be with the question (...) how well political institutions meet the needs of individuals. I pursue these issues in the context of interpreting Rousseau's distinctive contribution to political thought. I start out by asking the question 'What problem is the General Will designed to solve?' I argue that Rousseau's challenge to Hobbes represents a crucial step in the move from the source of authority and political obligation to a focus on legitimacy. (shrink)