Graduate studies at Western
History of Philosophy Quarterly 28 (2):175-190 (2011)
|Abstract||It is not clear, on the face of it, whether Thomas Hobbes's legal philosophy should be considered to be an early example of legal positivism or continuous with the natural-law tradition. On the one hand, Hobbes's command theory of law seems characteristically positivistic. On the other hand, his conception of the "law of nature," as binding on both sovereign and subject, seems to point more naturally toward a natural-law reading of his philosophy. Yet despite this seeming ambiguity, Hobbes scholars, for the most part, have placed him within the legal-positivist tradition. Indeed, Hobbes is usually regarded as the father of legal positivism. Recently, however, a growing number of commentators has begun to question this traditional classification. Although it is clear that Hobbes is not a natural lawyer of the same mold as Thomas Aquinas, it is, nevertheless, increasingly becoming evident that the traditional characterization of Hobbes as a positivist in the same vein as Jeremy Bentham or John Austin is also incorrect. There are important naturallaw aspects of Hobbes's view that one ignores only at the cost of a proper understanding of his theory of law.|
|Keywords||Hobbes Natural Law Theory Legal Positivism Legal Principles Judicial Discretion Dworkin|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
D. Dyzenhaus (2001). Hobbes and the Legitimacy of Law. Law and Philosophy 20 (5):461-498.
Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
Henrik Syse (2007). Natural Law, Religion, and Rights: An Exploration of the Relationship Between Natural Law and Natural Rights, with Special Emphasis on the Teachings of Thomas Hobbes and John Locke. St. Augustine's Press.
Thom Brooks (2005). Hegel's Ambiguous Contribution to Legal Theory. Res Publica 11 (1):85-94.
Norberto Bobbio (1993). Thomas Hobbes and the Natural Law Tradition. University of Chicago Press.
Anthony James Sebok (1998). Legal Positivism in American Jurisprudence. Cambridge University Press.
Patricia Springborg (2010). Hobbes's Fool the Stultus, Grotius, and the Epicurean Tradition. Hobbes Studies 23 (1):29-53.
Stig Jørgensen (1978). Values in Law: Ideas, Principles and Rules. Juristforbundet.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Helen Thornton (2005). State of Nature or Eden?: Thomas Hobbes and His Contemporaries on the Natural Condition of Human Beings. University of Rochester Press.
Roger A. Shiner (1992). Norm and Nature: The Movements of Legal Thought. Oxford University Press.
Joseph Raz (2003). About Morality and the Nature of Law. American Journal of Jurisprudence 48 (1):1-15.
Robert P. George (ed.) (1996). The Autonomy of Law: Essays on Legal Positivism. Oxford University Press.
Eleanor Curran (2002). Hobbes's Theory of Rights – a Modern Interest Theory. Journal of Ethics 6 (1):63-86.
Added to index2011-06-23
Total downloads38 ( #35,949 of 740,179 )
Recent downloads (6 months)1 ( #61,802 of 740,179 )
How can I increase my downloads?