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Switch to: References
Citations of:
Thomas Hobbes and the philosophy of punishment
Law and Philosophy 3 (2):299 - 320 (1984)
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. The modern interpretation of Smith as a retributive theorist of punishment is challenged in favour of a view of his work as containing a curious amalgam of retributive and utilitarian elements. This unsynthesised theoretical compound accounts for many of the contradictory positions assumed by him, examples of which are given in the article. At the level of “punishment” , the retributivehtilitarian dichotomy is observed in his discussions of merit and demerit and propriety and impropriety . At the level of (...) |
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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 (...) |
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SummaryThomas Hobbes's theory of action seems to give up on the idea that actions are ‘up to us’. Thomas Pink has argued that this counter-intuitive stance should be understood as the implication of his radical assault on the scholastic Aristotelian model of action. Hobbes rejects the existence of the immaterial soul. This means that he must also reject the existence of so-called elicited acts of the will, which form the primary locus of human agency. In this paper an alternative interpretation (...) |
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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 (...) |
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O objetivo deste trabalho é analisar a hipótese de que o conceito kantiano de contrato original é conservador em relação ao direito de resistência quando comparado à Locke e à Hobbes. Na filosofia política de Locke, a insurreição é legitima sempre que o governo não cumprir as cláusulas do contrato, a saber, proteger e assegurar a vida, a liberdade e a propriedade. Em Hobbes, encontramos a prerrogativa de desobedecer a autoridade, quando o soberano colocar em perigo a vida dos súditos. (...) |
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