An important aspect of any constitutional theory is the state's power to punish transgressions of the law, or the ius gladii. Although Grotius never formulated a complete, comprehensive constitutional theory, traces of such a theory can be found in many of his writings not explicitly devoted to constitutional law. Punishment even plays an important role in his books on war , since to punish transgressions of the law is ranked among the just causes of war.Given the fact that a state (...) may punish transgressions of the law – transgressions by individuals within and even outside the state, but also transgressions of the law by other states – the question may arise concerning the origin of such a right to punish. It will be shown that Grotius did not give the same answer to this question in his various works. As the right to punish is concerned, we find a theory that seems to be akin to the one of John Locke in the De iure praedae , one akin to the theories of the Spanish late-scholastics in De satisfactione and De imperio , and a theory coming close to what Thomas Hobbes had said on the ruler's right to punish in the De iure belli ac pacis .Of course, Grotius can only have been familiar with the theory of the Spanish late-scholastics, since those of Locke and Hobbes were still to be written by the time Grotius had passed away. (shrink)

De Cive (On the Citizen) is the first full exposition of the political thought of Thomas Hobbes, the greatest English political philosopher of all time. Professors Tuck and Silverthorne have undertaken the first complete translation since 1651, a rendition long thought (in error) to be at least sanctioned by Hobbes himself. On the Citizen is written in a clear, straightforward, expository style, and in many ways offers students a more digestible account of Hobbes's political thought than the Leviathan itself. This (...) new translation is both accurate and accessible, and is itself a significant scholarly event: it is accompanied by a full glossary of Latin terms, a chronology, bibliography, and an expository introduction. Throughout the editors have emphasised consistency in the translation and usage of Hobbes's basic conceptual vocabulary, respecting Hobbes's own concern for accurate definition of terms. (shrink)

This is a new revised version of Dr. Laslett's standard edition of Two Treatises. First published in 1960, and based on an analysis of the whole body of Locke's publications, writings, and papers. The Introduction and text have been revised to incorporate references to recent scholarship since the second edition and the bibliography has been updated.

This essay seeks first to (re)introduce Thomas Hobbes as a punishment theorist, and second to use Hobbes to examine what it means to respect the criminal even as we punish him. Hobbes is almost entirely neglected by scholars of criminal law, whose theoretical inquiries focus on liberal, rights-based accounts of retribution (often exemplified by Immanuel Kant) and claims of deterrence or other consequentialist goals (elucidated, for example, by Jeremy Bentham). Writing before Kant or Bentham, Hobbes offered a fascinating account of (...) punishment that will strike contemporary lawyers as both familiar and perplexing. Hobbes justified punishment within a legal system that adheres to due process, notice, and other principles of the rule of law, but he also insisted that no one consents to be punished, that punishment is an act of violence, and most surprisingly, that the condemned person has a right to resist punishment. In exploring the apparent contradictions in these claims, we find an account of punishment arguably more honest, more egalitarian, and more uniformly respectful than the accounts offered by mainstream retributivist and utilitarian punishment theorists. (shrink)

This major study of Hobbes' political philosophy draws on recent developments in game and decision theory to explore whether the thrust of the argument in Leviathan, that it is in the interests of the people to create a ruler with absolute power, can be shown to be cogent. Professor Hampton has written a book of vital importance to political philosophers, political and social scientists, and intellectual historians.

Thomas Hobbes was the first great English political philosopher. His work excited intense controversy among his contemporaries and continues to do so in our own time. In this masterly introduction to his work, Bernard Gert provides the first account of Hobbes’s political and moral philosophy that makes it clear why he is regarded as one of the best philosophers of all time in both of these fields. In a succinct and engaging analysis the book illustrates that the commonly accepted view (...) of Hobbes as holding psychological egoism is not only incompatible with his account of human nature but is also incompatible with the moral and political theories that he puts forward. It also explains why Hobbes’s contemporaries did not accept his explicit claim to be providing a natural law account of morality. Gert shows that for Hobbes, civil society is established by a free-gift of their right of nature by the citizens; it does not involve a mutual contract between citizens and sovereign. As injustice involves breaking a contract, the sovereign cannot be unjust; however, the sovereign can be guilty of ingratitude, which is immoral. This distinction between injustice and immorality is part of a sophisticated and nuanced political theory that is in stark contrast to the reading often incorrectly attributed to Hobbes that “might makes right”. It illustrates how Hobbes’s goal of avoiding civil war provides the key to understanding his moral and political philosophy. _Hobbes: Prince of Peace_ is likely to become the classic introduction to the work of Thomas Hobbes and will be a valuable resource for scholars and students seeking to understand the importance and relevance of his work today. (shrink)

Hobbes's political theory has traditionally been taken to be an endorsement of state power and a prescription for unconditional obedience to the sovereign's will. In this book, Susanne Sreedhar develops a novel interpretation of Hobbes's theory of political obligation and explores important cases where Hobbes claims that subjects have a right to disobey and resist state power, even when their lives are not directly threatened. Drawing attention to this broader set of rights, her comprehensive analysis of Hobbes's account of political (...) disobedience reveals a unified and coherent theory of resistance that has previously gone unnoticed and undefended. Her book will appeal to all who are interested in the nature and limits of political authority, the right of self-defense, the right of revolution, and the modern origins of these issues. (shrink)

'Johann Sommerville's is an impeccable textbook. Simply written, it provides exposition of Hobbes' arguments in the context of English and continental thought'. P. Springborg, University of Sydney, Political Studies, Vol. XL1, No 2 6/93 Thomas Hobbes was probably the greatest of British political theorists. Too often commentators have failed to grasp his meaning because they have ignored the historical context in which he wrote. Drawing on much recent scholarship and on many little-known seventeenth century sources, this book presents a lucid (...) and jargon-free examination of Hobbes' arguments, setting them against a background of the ideas of his contemporaries and of the political events of his lifetime. By viewing Hobbes in his context, the book both clarifies his theories and illuminates European thinking at a critical stage in the development of modern political ideas. (shrink)

This dictionary provides a comprehensive and cohesive expository account of about one hundred and fifty key concepts covering the entire range of Hobbes's thought, from philosophy, political theory and science, to theology, history and mathematics.

In this article I argue for a full appraisal of Hobbes's theory of punishment which takes account of its divergent and contradictory aspects. Examining his theory within the general context of his position in Leviathan, it is possible to see its centrality for the subsequent development of the modern philosophy of punishment. From this point of view, it is also possible to pinpoint the source of a central weakness in the retributive theory of punishment.