Legal positivism dominates in the debate between it and natural law, but close attention to the work of Thomas Hobbes -- the "founder" of the positivist tradition -- reveals a version of anti-positivism with the potential to change the contours of that debate. Hobbes's account of law ties law to legitimacy through the legal constraints of the rule of law. Legal order is essential to maintaining the order of civil society; and the institutions of legal order are structured in such (...) a way that government in accordance with the rule of law is intrinsically legitimate. I focus on Hobbes's neglected catalogue of the laws of nature. Only the first group gets much attention. Its function is to facilitate exit from the state of nature, an exit which Hobbes seems to make impossible. The second group sets out the moral psychology of both legislators and subjects necessary to sustain a properly functioning legal order. The third sets out the formal institutional requirements of such an order. The second and third groups show Hobbes not concerned with solving an insoluble problem of exit from the state of nature but with the construction of legitimate order. Because a sovereign is by definition one who governs through law, Hobbes's absolutism is constrained. Government in accordance with the rule of law is government subject to the moral constraints of the institutions of legal order. (shrink)

Answere not a foole according to his folly, lest thou also be like unto him.Answere a foole according to his folly, lest hee be wise in his owne conceit.Proverbs 26:4-5.

This volume explores, from a variety of perspectives, the political theory of the man who is arguably the greatest English political thinker. It is the first substantial collection of new, critical essays on Thomas Hobbes by leading scholars in over a decade. Hobbes’s writings stirred debate in his own lifetime, for two centuries thereafter, and continue to do so in ours. They emerged in a period of intense political turmoil—a time of civil war and regicide, of puritanical rule and royal (...) restoration. “They were motivated,” Dietz argues, “by concrete political problems and a practical concern, namely, to secure political order, absolute sovereignty, and civil peace.” The contributors emphasize and answer a series of expressly political questions that, to date, have not been fully addressed in the Hobbes literature. They contend that Hobbes’s writings are not mere static artifacts of a particular historical milieu, but rather rich sources of a variety of interpretations and criticisms that spur discussion and debate in their turn. (shrink)

This is an attempt to clarify the relation between Schmitt and Hobbes by examining Hobbes's thinking about enemies and enmity. On the one hand, Hobbes shares a strong war/crime distinction with Schmitt. On the other hand, Hobbes never suggests that lethal enmity gives a ?meaningful? tension to human life. Hobbes also describes the way feverish human minds may imagine enemies where none exist. This is another non?Schmittian theme. Although Schmitt was a profoundly anti?Hobbesian thinker for these and other reasons, an (...) examination of Hobbes with the Schmittian question (?who is the enemy??) in mind, proves exceptionally fruitful, opening up aspects of Hobbes's political theory that have hitherto lingered in obscurity. (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)

Chapter Introduction Hobbes's political doctrine presents the unusual feature that it has given rise to an "official" interpretation, in terms of which, ...

Behemoth, or The Long Parliament is essential to any reader interested in the historical context of the thought of Thomas Hobbes (1588-1679).

As its subtitle 'Skepticism, Individuality and Chastened Politics' indicates, this book is an exploration of and a largely favorable engagement with salient elements in the thinking of a theorist who is widely regarded as the greatest Anglophone political thinker and among the top rank of philosophical writers generally. In emphazing Hobbes's skepticism, Richard Flathman goes against the grain of much of the literature concerning Hobbes. The theme of individuality is more familiar, particularly from the celebrated writings on Hobbes by Michael (...) Oakeshott, but the idea of a chastened politics challenges the widely influential view that Hobbes was not only an authoritarian but an incipient or proto-totalitarian. (shrink)