What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live in today? At (...) the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

A growing body of literature in feminist philosophy exposes the way in which occupying a particular group identity inhibits an affected agent’s ability to engage in communicative exchange effectively. These accounts reveal a fault in standard liberal defences of free speech, showing how, if free speech is a goal worth pursuing, then it must involve both a concern about the legitimate limits of state interference and of the effect of social norms on an agent’s communicative capacities. Building on the emergence (...) of a ‘critical’ branch of neo-republicanism, this article argues that such speech-related injustices are best understood as a feature of structural domination that threatens the agency of those affected. Recalibrating our understanding of free speech along critical republican lines thus secures discursive agency in our communicative exchanges in a way that both ensures democratic legitimacy and realises equal status for all. (shrink)

The article examines Quentin Skinner's influential interpretation of Machiavelli's views on liberty, and the sharp divergence between his methodological ideas and his actual practice. The paper explores how Skinner's political ideals directed his interpretation against his own methodological precepts, to offer a basis for a ‘revival’ of republican theory. Skinner's reinterpretation of Machiavelli as a theorist of negative liberty is examined, and refuted. The article analyses Skinner's claim about liberty as the key political value for Machiavelli, and demonstrates that liberty (...) is secondary to empire on the list of Machiavelli's priorities. Skinner's vocabulary and efforts to tone down or ignore Machiavelli's more aggressive ideas are closely examined. The analysis offered in the article, it is suggested, has wider implications, showing the difficulty of applying contextualism in practice, by the very founder of this approach in the history of ideas. (shrink)

Contrary to John Bramhall and critics like him, Thomas Hobbes takes the view that no account of liberty or freedom can serve as the relevant basis on which to distinguish moral from nonmoral agents or explains the basis on which an agent becomes subject to law and liable to punishment. The correct compatibilist strategy rests, on Hobbes’s account, with a proper appreciation and description of the contractualist features that shape and structure the moral community. From this perspective human agents may (...) indeed use their liberty to make themselves moral agents. In doing this, however, they are not employing a distinct kind of liberty but rather using a liberty that they share with animals and other nonmoral agents to perform a distinct kind of act (i.e., consent) whereby they become moral agents subject to law and any punishments that are required to enforce it. ____ -/- Originally published in the Oxford Handbook of Philosophy in Early Modern Europe - eds. D. Clarke & C. Wilson, OUP 2011 -/- Republished in Recasting Hume and Early Modern Philosophy: Selected Essays - OUP 2021: Paul Russell]. (shrink)

This article addresses the modern concept of sovereignty as a multivocal and conflictual semantic field, arguing for the necessity to trace its genealogy based on the structural tensions that haunt its logical framework – as well as its representations – rather than on a linear historiographic reconstruction. In particular, the scrutiny I propose aims to examine a series of exchanges that have been characterizing this concept since the beginning: the global and the European, the maritime and the territorial, the colony (...) and the state, the imperial and the proprietary. The problematic balance between ‘imperium’ and ‘dominium’ is indeed assumed here as the turning point of the rise of a sovereign power that appears to be originally rooted in the very production and governance of the global space, thus giving up all possible Eurocentric narratives of modernity. To illustrate my argument, I focus on the frontispieces to three of Thomas Hobbes’s most important books, that is, his translation of Thucydides’ Peloponnesian Wars, De Cive and Leviathan. A thorough analysis of these images enables us to understand how these lines of force traverse the very heart of modern European political concepts, along with the mirroring effects that constantly bounce their normative construction of subjectivity back and forth from the periphery to the centre and, ultimately, from the market to the state. (shrink)

One of the most influential recent developments in supposedly radical philosophy is ‘posthumanism’. This can be seen as the successor to ‘deconstructive postmodernism’. In each case, the claim of its proponents has been that cultures are oppressive by virtue of their elitism, and this elitism, fostered by the humanities, is being challenged. In each case, however, these philosophical ideas have served ruling elites by crippling opposition to their efforts to impose markets, concentrate wealth and power and treat everyone and everything (...) as mere instruments in a way that is not only undermining democracy and threatening economic, social and political stability through growing inequality, but is crippling efforts to deal with the global ecological crisis. Philosophers, Nietzsche claimed, are physicians of culture. Why should people claiming to be philosophers, or at least aligned with philosophers, subvert their own calling? In this paper I will suggest that with the expansion of education and the rise of neoliberalism, those involved in education and research, particularly in the humanities and social sciences, have been proletarianized, and most have accepted this proletarianization. They have been reduced to a fraction of the proletariat - wage-slaves without economic security and therefore dependent on the will of others on whom they are dependent. They are not ordinary wage-slaves, however, but wage-house-slaves, having salaries rather than wages. If, as Marx argued, social being determines consciousness, posthumanism can be understood as the expression of ressentiment of these house-slaves at their condition while simultaneously serving to affirm their superiority to field-slaves while serving their masters. Their work is supported because it provides ideological cover for their masters, the new transnational managerial class or corporatocracy as they expand their power through information technology, while absolving this corporatocracy from responsibility for the consequences of their growing power. In making this claim I will argue that the real target of deconstructionists and posthumanists, although this is now seldom appreciated, has been the humanism of the New Left, a revival of the Radical Enlightenment inspired by Renaissance civic humanism and the German Renaissance. (shrink)

The neo-republican conception of freedom as non-domination has emerged as a powerful framework for conceptualizing the dynamic relationship between power, democracy, and constitutionalism in modernity. Despite this, I argue that adaptations of republican freedom to the problem of slavery displace attention to race and foreclose more productive ways of addressing how racial slavery constitutes a distinct form of oppression. To illuminate the limitations of neo-republicanism, I turn to the political thought of abolitionists David Walker and Ottobah Cugoano. Both utilize comparative (...) histories of race and slavery to reveal the specificity of modern slavery as a form of oppression, which cannot be captured as an issue of domination in the technical sense of the term. They thus pose challenges to neo-republican theory for its failure to fully appreciate the historical differences between ancient and modern slavery. To do so would illuminate how neo-republican theory faces severe limitations in providing an adequate conceptualization of oppression in the case of racial slavery. (shrink)

Los estudios recientes sobre Hobbes han puesto una gran atención en el uso de las imágenes. Permanece, sin embargo, una objeción seria y factible: se podría argumentar que Hobbes no relaciona su producción de imágenes, ni a su política, ni a su teoría de la percepción y que, por tanto, no tenemos razón para creer que sus imágenes son una aplicación de esta doctrina. El propósito de este trabajo es mostrar que Hobbes de hecho sí vincula — de un modo (...) implícito — la construcción de imágenes y su teoría psicológica al orden político. Primero, el artículo reconstruye la teoría hobbesiana de la percepción y sus implicaciones. Segundo, se muestra que el Leviathan establece encubiertamente el vínculo entre la teoría de las imágenes y las imágenes políticas, incluyendo, por consiguiente, las creadas por el propio Hobbes. Tercero, se muestra que el Leviatán de Hobbes rara vez descubre su rol como dispositivo para ver, para hacer que el lector vea imágenes que él considera necesarias. Finalmente, se discuten las consecuencias de este descubrimiento para nuestra comprensión de Hobbes y de la visualidad y las imágenes en el pensamiento político. (shrink)

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...) the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (shrink)

This article examines the free will problem as it arises within Thomas Hobbes' naturalistic science of morals in early modern Europe. It explains that during this period, the problem of moral and legal responsibility became acute as mechanical philosophy was extended to human psychology and as a result human choices were explained in terms of desires and preferences rather than being represented as acts of an autonomous faculty. It describes how Hobbes changed the face of moral philosophy, through his Leviathan, (...) in ways that still structure and resonate within the contemporary debate. (shrink)

Our modern ideals about liberty were forged in the great political and philosophical debates of the 17th and 18th centuries, but we seldom hear about women's contributions to those debates. This paper examines the ideas of early modern English women – namely Margaret Cavendish, Mary Astell, Mary Overton, ‘Eugenia’, Sarah Chapone and the civil war women petitioners – with respect to the classic political concepts of negative, positive and republican liberty. The author suggests that these writers' woman-centred concerns provide a (...) unique historical perspective on these much-discussed ideals of freedom from external interference, freedom as self-determination and freedom from domination. (shrink)

Hobbes's Leviathan transformed forever the meaning of the term, long debated by Biblical commentators. Alternatively, in the Book of Job chapter 41, a great chthonic beast, or Lucifer?like ?King of all the Children of Pride?, Leviathan for Hobbes was a figure for the modern state. Recent work by Quentin Skinner and Noel Malcolm treats Leviathan as in part a story about representation. But by juxtaposing the thesis of Carl Schmitt, juridical architect of the Third Reich, and author if his own (...) startling Leviathan, which reads the Biblical Beast as representing the state as demonic machine, we see not only Hobbes's purpose in invoking the God of fear, but also how it served as a self?fulfilling prophecy. (shrink)

In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a more honest picture of authority and of contract than is provided by today’s liberal images of free and equal persons, who are pictured as sitting round a negotiating table making a decision as to the principles on which to base laws. Importantly, in the seventeenth century, at the start of modern political thought, Hobbes saw no contradiction between contractual agreement and subordination. I will draw (...) out these arguments by comparing three images of politics that employ the human body: Hobbes’ frontispiece is compared firstly with an earlier picture of the state, the illustration of the Fable of the Belly, and then with a later Rawlsian image of the social contract described above. At stake is Hobbes’ view of two associated concepts: authorship and authority. I argue that Hobbes’ image is a vivid portrayal of a ‘persona covert’, akin to the feme covert, a wife characterised in common law as so dominated by her husband that she is imagined as being ‘covered’ by his body. (shrink)

Accounts of non-domination have tended to emphasise the role resources and other capacity and voice building mechanisms can play in giving people the power and the institutional means of living lives that are free of domination. Yet the role of exit - of institutionally protected means of withdrawing from relationships - has remained undertheorized in accounts of non-domination. Drawing on a range of public policy examples, this paper seeks to shed light on the ways in which, and under what conditions, (...) institutionalised means of exit can contribute to realising the ideal of non-domination. It shows that while rights of exit and low exit-costs can play an essential role in protecting people from dependence on the arbitrary wills of others, it is only under certain conditions these can be said to contribute to the realisation of the ideal of non-domination in a broader sense. Understanding the relationship between exit and non-domination, it further argues, gives us a clearer picture of the relationship between non-domination and sources of power such as monetary resources and voice. (shrink)

Proponemos una lectura de la obra de Hobbes como revolución, como ruptura radical con el pensamiento de la tradición dominante: ruptura, que lo es en casi todos los ámbitos, pero sobre todo en el del pensamiento político, moral y jurídico. Sugerimos, además, que esa radical ruptura sigue manteniendo elementos vivos y útiles para pensar la política hoy.

This lecture presents the text of the speech about the genealogy of the modern state delivered by the author at the 2008 British Academy Lecture. It explains that to investigate the genealogy of the state is to discover that there has never been any agreed concept to which the word state has answered. The lecture suggests that any moral or political term that has become so deeply enmeshed in so many ideological disputes over such a long period of time is (...) bound to resist any efforts at definition. (shrink)

One of the features of John Locke’s moral philosophy is the idea that morality is based on our beliefs concerning the future good. In An Essay Concerning Human Understanding II, xxi, §70, Locke argues that we have to decide between the probability of afterlife and our present temptations. In itself, this kind of decision model is not rare in Early Modern philosophy. Blaise Pascal’s Wager is a famous example of a similar idea of balancing between available options which Marcelo Dascal (...) has discussed in his important 2005 article “The Balance of Reason”. -/- Leibniz, however, was not always satisfied with this kind of simple balancing. In his commentary to Locke’s Essay, Nouveaux essais sur l’entendement humain, II, xxi, §66, he presented an alternative model which is based on an idea of plural, mutually conflicting inclinations. This kind of model, called as vectorial theory of rational decision by Simo Knuuttila, fits well with Leibniz’s theory of the soul where volitions are formed as a kind of compromise between different inclinations to different goods. -/- I will present these two models and show how they illustrate the practical rationality of Locke and Leibniz and how their moral philosophies differ, although being similar in certain respects. The topics include Leibniz’s criticism of Lockean hedonism and the discussion of akratic behaviour in II, xxi of Essay and Nouveaux essais. (shrink)

This paper has two main sections. First, I argue that Hobbes was capable of providing a convincing model of political authority that strengthened the absolutist monarchy, due to two main factors: on the one hand, Hobbes’ conceptualization of freedom, which allowed him to offer a new light upon the relationship between obedience, obligation, freedom and servitude; on the other hand, Hobbes’ redefinition of sovereignty via the concept of representation. I show how Hobbes was aware of the intrinsic tension derived from (...) the attempted convergence of these two distinct logics and I question the kinds of political rupture that are possible under Hobbes’ design, in such a way that would keep a democratic instinct and impulse in political life. After I revisit the relationship between freedom, power and civil disobedience, by looking at the relationship between the sovereign’s and the subjects’ capacity of judgment and by reflecting upon contemporary democratic challenges. (shrink)

In recent years Duncan Kennedy has turned to the question, what is Contemporary Legal Thought? For the most part, his answers have focused on the modes of legal argument he believes are indigenous to Contemporary Legal Thought in the United States, and possibly, at a transnational or global level as well. In this article, I bracket the question of content and ask instead, if we are interested in exploring the category of a legal ‘contemporary’, how do we do so? What (...) historiographic methods are well-suited to the task of constituting ‘Contemporary Legal Thought’? My focus here is entirely on legal structuralism, the historical method I associate with Kennedy’s work beginning in the 1970s. By the mid-1980s, legal structuralism was under assault and quickly fading from the repertoire of available styles of doing history on the left. By the turn of the century, legal structuralism appeared to have vanished. I think that this was regrettable and unnecessary, and in this article I argue for a return to structuralist historiography. I do not pretend, however, that this return entails a second coming of the totalizing, originary center. Rather, I encourage thinking about legal structuralism in the way that I understand Roland Barthes, Hayden White, and to a large extent Duncan Kennedy himself to have thought about it: as a style. And as a style, legal structuralism is worth reawakening, a style back in style once more. (shrink)

This paper examines Michael Oakeshott's ideas on the relation between political philosophy and normative thought. To this end, some of the most controversial concepts of his thought are considered in the context of the philosophical debates that developed after the success of analytic philosophy and, in particular, of Ayer's Language, Truth, and Logic. First, the paper argues that, in contrast to analytic and ordinary language thinkers, Oakeshott defends the legitimacy and the rationality of normative thinking. To this end, the importance (...) of the Oakeshottian concepts of tradition and moral practice is stressed, and the controversial notion of ‘pursuit of intimations’ is considered. Through a discussion of Oakeshott's unpublished notes, the relevance of Aristotle for the development of his thought is also highlighted. Second, the paper contends that Oakeshott sees political philosophy as a critical activity aiming at universal concepts. At the same time, the paper stresses the Oakeshottian distinction betw.. (shrink)

I happened to be reading Andrew Peterson’s Civic Republicanism and Civic Education: The Education of Citizens in England on the weekend that the Queen’s Diamond.

Among the paradoxical aspects of Hobbes's scepticism attention has recently turned to Hobbes's fool of Leviathan , chapter xv, where Hobbes makes a claim about justice that paraphrases Psalm 52:1: "The fool hath said in his heart there is no God." It is a charge of which Hobbes himself could be suspected, but in fact we see that it is on this startling claim that his legal positivism rests. Moreover it is embedded in a theory of natural law that Hobbes (...) inherited from the late scholastics and that he shares in common with Grotius as a practical solution to the problem of scepticism. Indeed, the fool is not even honoured with the designation "sceptic." He is simply dumb, stultus , one of the mindless mob, or those led astray by priests. Hobbes's treatment of the fool as stultus is Epicurean, as we see in the Historia Ecclesiastica , where he gives the topos special attention, and Epicureanism helps us solve the puzzle of the fool. (shrink)

For centuries, philosophers of time have produced texts containing words and pictures. Although some historians study visual representations of time, I have not found any history of philosophy on pictures of time within texts. This paper argues that studying such pictures can be rewarding. I will make this case by studying pictures of time in the works of Leibniz, Arthur Eddington and C. D. Broad, and argue they play subtle roles. Further, I will argue that historians of philosophy more widely (...) could benefit from paying more attention to pictures. (shrink)

Feminist scholars have long debated on a key contradiction in the political theory of Thomas Hobbes: While he sees women as free and equal to men in the state of nature, he postulates their subjection to male rule in the civil state without any apparent explanation. Focusing on Hobbes’s construction of the mother–child relationship, this article suggests that the subjugation of the mother to the father epitomizes the neutralization of the ancient principle of ‘governance’, which he replaces with a novel (...) concept of ‘power’ as formally authorized command. This scrutiny leads to three main conclusions: a radicalization of Pateman’s concept of ‘sexual contract'; the acknowledgement that patriarchy is inseparable from the logic of political authority constructed by Hobbes; and the claim that criticism of patriarchal rule requires an overall problematization of the mainstream conception of political participation we have inherited from modern political science. (shrink)

Early modern theorists linked the idea of sovereign power to a conception of absolute power developed during the medieval period. Ockham had reframed the already extant distinction between God's absolute and ordained powers in order to argue that God was free of moral constraint in ordaining natural law for human beings. Thus, the natural law could command the opposite of what God had ordained if He wished to make it so. Bodin extended Ockham's argument to earthly sovereigns, who do not (...) (he argued) have to obey civil law. However, Bodin undermined his absolutism by maintaining that civil law has to be consistent with natural and divine law. Hobbes more consistently argued that while mortal sovereigns are accountable to God, the power of sovereigns to command is not subject to moral constraints. Underlying Ockham's view of God's sovereignty, and Bodin's and Hobbes's view of earthly sovereigns, is a notion of the will's unconstrained power. But this notion is self-referentially incoherent. This incoherence, in turn, infects the very notion of sovereignty. (shrink)

The aim of this article is to give an account of a methodological link between drama and political theory. This account is drawn primarily from the early philosophical work of Deleuze. Following Deleuze, we will refer to it as ‘the method of dramatization’. We will argue that dramatization is a method aimed at determining the quality of political concepts by ‘bringing them to life’, in the way that dramatic performances bring to life the characters and themes of a play-script. We (...) demonstrate that this can be specified in relation to the development of this method in Deleuze's early philosophical work as a practical, critical and artistic method and, in relation to the ontological assumptions he articulated and defended in Difference and Repetition, as a process of intensification of the Idea of the political. By way of example, we discuss how the dramatization of the concept of ideology functions in Deleuze and Guattari's Anti-Oedipus and A Thousand Plateaus. We conclude with some lines of inquiry that could be pursued by political theorists looking to investigate further the dramatic nature of method in political theory. (shrink)

In recent years, we have witnessed renewed interest in metaphors in political theory. In this context, Hobbes’s theory of metaphor is of great importance as it helps us understand aesthetic qualities in theory and politics. This article argues that in the work of Hobbes – often portrayed as hostile to the use of metaphor, especially so by himself – there is a remarkable discrepancy between his professed enmity to metaphor and his own use of the very word ‘metaphor’. In a (...) philosopher who censures conceptual imprecision, we find a fundamentally inconsistent and ever-changing use of this key term. This inconsistency can be accounted for if we relate it to Hobbes’s own often neglected poetics and his theory of the need for conceptual innovation. This will help solve riddles that have haunted Hobbes studies. Moreover, we must discover Hobbes’s theory of metaphor as a source of potential insights into the way in which political and theoretical languages operate with regard to aesthetic pleasure through linguistic change. Hobbes’s theory can thus make us understand the importance of something being new, that is, how theoretical languages need novelty in order to be pleasant and persuasive. (shrink)

In the Leviathan, power can be understood in two different senses, which are carefully discriminated in its Latin version by the use of the terms potentia and potestas to translate, depending on the context and the type of power concerned, the English power. Potentia and potestas, although types of power of a different nature – one, the physical power that bodies have to take effect on each other; the other, the juridical power, out of which legal effects as justice itself (...) come about –, are mutually implicated in the intertwining of juridical representations. This article aims to explore the consequences that follow from this ambivalent concept of power to think about justice and natural right. (shrink)

This article compares the ways in which Michel Foucault’s and Quentin Skinner’s historical analyses seek to unsettle the limits on present forms of freedom. We do so by comparing their ways of analysing discourse, rationality and agency. The two authors differ significantly in the ways they deal with these three phenomena. The most significant difference lies in their ways of addressing agency and its relationship to power. Notwithstanding these differences, the historical analyses of both authors seek to problematize the ways (...) in which past thoughts and practices limit contemporary forms of freedom. While Foucault seems to go furthest in this endeavour, a comparison may enrich both lines of historical analyses. (shrink)

Within the paradigm of political liberalism, Hobbes’s legal philosophy has the peculiarity that individual property rights are treated as conditional and derived from the State’s absolute property rights, and thus common, State and individual property are explicitly recognised as three different juridical realities. Through determining the place that Hobbes’s few references to common property hold within his legal philosophy, it is possible to turn the thought of this classic author into a very useful theoretical tool for thinking the possibilities and (...) limits of a political strategy betting for common property against State property. (shrink)

No Leviathan o poder (power) pode ser entendido em dois sentidos diferentes, cuidadosamente diferenciados em sua versão latina pelo emprego dos termos potentia e potestas para traduzir, a depender do contexto e do tipo de poder em questão, o inglês power. Potentia e potestas, embora sejam tipos de poder de natureza distinta - um, o poder físico que os corpos têm de produzir efeitos uns nos outros; outro, o poder jurídico, do qual resultam efeitos jurídicos como a própria justiça -, (...) estão mutuamente implicados na trama das representações jurídicas. Esse artigo pretende explorar as consequências que se seguem deste conceito ambivalente do poder para se pensar a justiça e o direito natural. (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)