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  1. Saved by God's 'Grease': The Pathology of Political Bodies in Smollett's Humphry Clinker.Pierce Williams - forthcoming - The Eighteenth Century: Theory and Interpretation 60 (1).
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  2. The Inherent Problem with Mass Incarceration.Raff Donelson - 2022 - Oklahoma Law Review 75 (1):51-67.
    For more than a decade, activists, scholars, journalists, and politicians of various stripes have been discussing and decrying mass incarceration. This collection of voices has mostly focused on contingent features of the phenomenon. Critics mention racial disparities, poor prison conditions, and spiraling costs. Some critics have alleged broader problems: they have called for an end to all incarceration, even all punishment. Lost in this conversation is a focus on what is inherently wrong with mass incarceration specifically. This essay fills that (...)
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  3. El agua y el aire. Aproximación a la teoría política de la libertad de Thomas Hobbes.Jonathan Pimentel - 2022 - San José, Costa Rica: SEBILA.
    El miedo, originario y transversal, no está repartido de forma uniforme, como tampoco lo está la fuerza que es capaz de dar sentido, o sea dirección y significado, a los vivientes y las cosas. De modo que, desde el punto de vista político – que aquí tendremos que caracterizar – el incremento y la representación de la fuerza multitudinaria es un factor que puede contribuir a la paz. Mientras las mayorías no se vinculen, organicen y expresen sus proyectos comunes serán (...)
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  4. Authentic Interpretation.Timothy Endicott - 2020 - Ratio Juris 33 (1):6-23.
    I approach the identification of the principles of legal interpretation through a discussion of an important but largely forgotten strand in our legal heritage: the idea (and at some points in English law, the rule) that the interpretation of legislation is to be done by the law maker. The idea that authentic interpretation is interpretation by the law maker united the Roman Emperors Constantine and Justinian with Bracton, Aquinas, King James I of England, Hobbes, and Bentham. Already in the early (...)
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  5. Dogmatische und rationale Analyse selbsterhaltender Vernunft.Stefan Färber - 2020 - In Hannes Bajohr (ed.), Der Anthropos im Anthropozän. Die Wiederkehr des Menschen im Moment seiner vermeintlich endgültigen Verabschiedung. Berlin, Deutschland: pp. 211–232.
  6. The Leviathan Becoming a Cephalophore: Primogeniture and the Transition from Sovereignty to Governmentality.James Griffith - 2020 - Kaygi 19 (2):464-484.
    For Foucault, Hobbes is important for the transition from sovereignty to governmentality, but he does not always go into great detail how. In “Society Must Be Defended”, Hobbes’s reactions against the political historicism of his time lead him to an ahistorical foundation to the state. In Security, Territory, Population, his contract is emblematic of the art of government still caught in the logic of sovereignty. Management techniques, one of which being inheritance laws like primogeniture, inducing changes in a population’s milieu (...)
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  7. Sigmund Freud in Agamben's Philosophy.Virgil W. Brower - 2017 - In Adam Kotsko & Carlo Salzani (ed.), Agamben's Philosophical Lineage. Edinburgh, UK: pp. 242-251.
  8. Liberty and Insecurity in the Criminal Law: Lessons from Thomas Hobbes.Henrique Carvalho - 2017 - Criminal Law and Philosophy 11 (2):249-271.
    In this paper, I provide an extensive examination of the political theory of Thomas Hobbes in order to discuss its relevance to an understanding of contemporary issues and challenges faced by criminal law and criminal justice theory. I start by proposing that a critical analysis of Hobbes’s account of punishment reveals a paradox that not only is fundamental to understanding his model of political society, but also can offer important insights into the preventive turn experienced by advanced liberal legal systems. (...)
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  9. Thomas Hobbes and a chastened ‘global’ constitution the contested boundaries of the law.Anthony F. Lang Jr - 2016 - Critical Review of International Social and Political Philosophy 19 (1):103-119.
  10. Thomas Hobbes: theorist of the law.Anthony F. Lang & Gabriella Slomp - 2016 - Critical Review of International Social and Political Philosophy 19 (1):1-11.
  11. Hobbes, law, and public conscience.Larry May - 2016 - Critical Review of International Social and Political Philosophy 19 (1):12-28.
  12. Law and equity in Hobbes.Tom Sorell - 2016 - Critical Review of International Social and Political Philosophy 19 (1):29-46.
    Equity is clearly central to Hobbes’s theory of the laws of nature, and it has an important place in his doctrine of the duties and exercise of sovereignty. It is also prominent in his general theory of law, especially as it is articulated in the late Dialogue between a Philosopher and a Student of the Common Laws of England. Still, it is not more central to Hobbes’s ethics, politics and legal philosophy than his concept of justice, or even as central. (...)
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  13. Hobbes, civil law, liberty and the Elements of Law.Patricia Springborg - 2016 - Critical Review of International Social and Political Philosophy 19 (1):47-67.
    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 (...)
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  14. Hobbes and Modern Political Thought.Yves Charles Zarka - 2016 - Edinburgh: Edinburgh University Press. Edited by James Griffith.
    Yves Charles Zarka shows you how Hobbes established the framework for modern political thought. Discover the origin of liberalism in the Hobbesian theory of negative liberty; that Hobbesian interest and contract are essential to contemporary discussions of the comportment of economic actors; and how state sovereignty returns anew in the form of the servility of the state. At the same time, Zarka controversially argues against received readings claiming that Hobbes is a thinker of a state monopoly on legitimate violence.
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  15. Limiting Leviathan: Hobbes on Law and International Affairs, by Larry May.D. Klimchuk - 2015 - Mind 124 (495):941-945.
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  16. Thomas Hobbes in the History of International Law.Gerardo Tripolone - 2015 - Revista Latinoamericana de Filosofía Política 4 (1).
    In this work I argue an interpretation on Thomas Hobbes’s thought and its relation with international law. Several scholars argue that Hobbes reject the international law. Nevertheless, I will prove that it is possible to find a legal theory on international law in his works, if it takes to account the historical context and the peculiarities of global order in the Modern Age. In this way it is possible to understand why Carl Schmitt said that Hobbes was one of the (...)
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  17. Why Hobbes Cannot Limit the Leviathan: A Critical Commentary on Larry May's Limiting Leviathan.Marcus Arvan - 2014 - Hobbes Studies 27 (2):171-177.
    This commentary contends that Larry May’s Hobbesian argument for limitations on sovereignty and lawmaking in Limiting Leviathan does not succeed. First, I show that Hobbes begins with a plausible instrumental theory of normativity. Second, I show that Hobbes then attempts, unsuccessfully—by his own lights—to defend a kind of non-instrumental, moral normativity. Thus, I contend, in order to successfully “limit the Leviathan” of the state, the Hobbesian must provide a sound instrumental argument in favor of the sovereign limiting their actions and (...)
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  18. Hobbes on Political Authority, Practical Reason and Truth.George Duke - 2014 - Law and Philosophy 33 (5):605-627.
    The role of sovereign authority in Hobbes' political philosophy is to establish peace and stability by serving as a definitive and unambiguous source of law. Although these broad outlines of Hobbes' account of political authority are uncontentious, matters quickly become more complicated once one seeks its normative basis. This much is evident from recent debates on the normative status of the laws of nature and the related issue as to whether Hobbes is better categorised as an incipient legal positivist or (...)
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  19. Hobbes on the International Rule of Law.David Dyzenhaus - 2014 - Ethics and International Affairs 28 (1):53-64.
    Perhaps the most influential passage on the rule of law in international law comes from chapter 13 of Thomas Hobbes's Leviathan. In the course of describing the miserable condition of mankind in the state of nature, Hobbes remarks to readers who might be skeptical that such a state ever existed that they need only look to international relations—the relations between independent states—to observe one: But though there had never been any time, wherein particular men were in a condition of warre (...)
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  20. «I speak generally of Law». Legge, leggi e corti nel Dialogue di Thomas Hobbes.Mario Piccinini - 2014 - Scienza and Politica. Per Una Storia Delle Dottrine 26 (51).
    Analyzing the Dialogue between a Philosopher and a Student of the Common Laws of England by Thomas Hobbes, the essay traces the historical tradition and the reasons for its secular underestimation. The Hobbesian text is placed within the history of English law and the controversies that accompanied and followed the revolution of 1640. It is then compared with the political works of Hobbes, showing how the silence of the law is gradually replacing the state of nature as image of the (...)
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  21. Review: David Dyzenhaus and Thomas Poole eds., Hobbes and the Law. [REVIEW]Review by: Susanne Sreedhar - 2014 - Ethics 124 (4):894-899,.
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  22. Hobbes's Leviathan: New Science of Man.Christopher Lazarski - 2013 - In Janusz Grygiensl (ed.), Human Rights and Politics. Erida.
    Leviathan by Hobbes is one of the most original books in political theory ever written. Broad is scope, rich in ideas and bold in its claims; it contains much more than just political theory. The article focuses on Hobbes’s presentation of human nature, in particular in light of the then new thesis that universe is matter in motion; on observation how human automata whom Hobbes created (as it were) live in state of nature and under authority of “the leviathan”; and (...)
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  23. Limiting Leviathan: Hobbes on Law and International Affairs.Larry May - 2013 - Oxford, GB: Oxford University Press.
    Thomas Hobbes wrote extensively about law, was strongly influenced by legal debates, and is considered by many to be one of the first legal positivists. Larry May presents the first book in English on Hobbes's legal philosophy, offering a new interpretation of Hobbes's views about the connections among law, politics, and morality.
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  24. The Prolife Leviathan.Kody W. Cooper - 2012 - American Catholic Philosophical Quarterly 86 (4):557-581.
    Thomas Hobbes’s innovative anthropology and novel doctrines of natural right, natural law, and positive law have been taken to inaugurate a tradition that grows into modern United States abortion jurisprudence. In this essay I argue that a careful rereading of Hobbes reveals that the characterization of Hobbes as the philosophical and jurisprudential forefather of abortion rights is false. While Hobbes never directly addressed the question of abortion, I argue that we can reconstruct his position from his philosophical texts. First, I (...)
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  25. Hobbes on the authority of law.David Dyzenhaus - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
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  26. Hobbes and the law.David Dyzenhaus & Thomas Poole (eds.) - 2012 - New York: Cambridge University Press.
    Essays devoted to the legal thought of Thomas Hobbes, arguably the greatest political philosopher to write in English.
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  27. The equal extent of natural and civil law.Ross Harrison - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
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  28. Hobbes and the civil law : the use of Roman law in Hobbes's civil science.Daniel Lee - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
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  29. Thomas Hobbes and the common law.Michael Lobban - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
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  30. The political jurisprudence of Thomas Hobbes.Martin Loughlin - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
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  31. Hobbes Against the Jurists: Sovereignty and Artificial Reason.Larry May - 2012 - Hobbes Studies 25 (2):223-232.
    This paper discusses sovereignty and examines in detail Hobbes’s debates with the two leading legal theorists of his day, Coke and Hale, both Lord Chief Justices of the King’s Bench. I argue that Hobbes came to change his mind somewhat about the desirability of divided sovereignty by the time, near the end of his life, that he wrote the Dialogue . But I also argue that Hobbes should have developed more than a very thin conception of the rule of law. (...)
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  32. Hobbes on law and prerogative.Thomas Poole - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
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  33. Criminal law for humans.Alice Ristroph - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
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  34. Ragione geometrica e legge in Thomas Hobbes.Raffaella Santi - 2012 - [Padua, Italy]: CEDAM.
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  35. Hobbes on civic liberty and the rule of law.Lars Vinx - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
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  36. Hobbes and the Subjection of International Relations to Law and Morality.Camilla Boison & David Boucher - 2011 - In .
  37. Austin, Hobbes, and Dicey.David Dyzenhaus - 2011 - Canadian Journal of Law and Jurisprudence 24 (2):411-440.
    I argue that attention to Austin helps us to appreciate that there are significant continuities between his legal theory and that of contemporary positivists; hence, to the extent that Austin’s theory has defects, these are reproduced in the work of contemporary legal positivism. An historical perspective on contemporary philosophy of law thus permits one to appreciate that the basic divide in legal theory is between a tradition whose basic intuition is that law is answerable to a moral ideal of legality (...)
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  38. Estetyka prawa a symbol Lewiatana u Hobbesa.Natalia Juchniewicz - 2011 - Przeglad Filozoficzny - Nowa Seria 77:201-217.
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  39. On the Genesis and Nature of Judicial Power.Murray S. Y. Bessette - 2011 - Eidos: Revista de Filosofía de la Universidad Del Norte 15:206-232.
    The essential nature of legislative power is to make the laws; that of executive power is to execute those law. The difference between the two is both substantial and significant; it is the difference between the rule of arbitrary power and the rule of law. This paper will seek to trace the genesis of an independent judicial power, in both theory and practice, through an examination of sections of The Constitutions of Clarendon, The Assize of Clarendon, Hobbes’ Leviathan, Locke’s Second (...)
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  40. The origin, definition, assimilation and endurance of instinctu naturae in Natural Law Parlance—From Isidore and Ulpian to Hobbes and Locke.Robert A. Greene - 2010 - History of European Ideas 36 (4):361-374.
    This essay identifies the source, and traces both the subsequent use and the changing definition, of the expression instinctu naturae in the early history of natural law discourse. It also examines the later assimilation and endurance of the expression in English, as well as the efforts of Hobbes to proscribe the use, and Locke to limit the meaning, of the term instinct. Initially serving simply to predicate a divine stimulus as the source of human knowledge of the natural law-natura, id (...)
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  41. Morality in the philosophy of Thomas Hobbes: cases in the law of nature.S. A. Lloyd - 2009 - New York: Cambridge University Press.
    In this book, S. A. Lloyd offers a radically new interpretation of Hobbes's laws of nature, revealing them to be not egoistic precepts of personal prudence but rather moral instructions for obtaining the common good.
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  42. O problema das leis em Hobbes.Marcelo Gross Villanova - 2009 - Doispontos 6 (3).
    After the question “how could Hobbes write the natural law, if it is nowritten law?” I’ll try to approach the relationship between natural and civil law after the instauration of the commonwealth. In this sense, I’ll pay attention to the hobbesian distinction among “written law” and “written register” of law and a few consequences after this distinction. For example, if, how Hobbes says, the correct interpretation of natural law doesn’t depend on philosophers, but only on the authority of commonwealth, would (...)
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  43. Thomas Hobbes: Writings on Common Law and Hereditary Right.Alan Cromartie & Quentin Skinner (eds.) - 2007 - Oxford University Press.
    A critical edition of two great works by Thomas Hobbes. The Dialogue of the Common Laws is his classic critique of common law, essential reading for anyone interested in English political thought or legal theory. It is accompanied by Hobbes's last word on politics, a fragment in which he mounts a robust defence of hereditary right.
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  44. Writings on Common Law and Hereditary Right.Alan Cromartie & Quentin Skinner (eds.) - 2007 - Oxford University Press UK.
    This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody (...)
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  45. 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.Henrik Syse - 2007 - South Bend, Ind.: St. Augustine's Press.
    The Euthyphro problem and the natural law : an investigation of some aspects of the medieval debate on natural law -- Aristotle : natural law and man in the "metaxy" -- St. Thomas Aquinas : the "lex naturalis" -- Thomas Hobbes : The state of nature and natural rights -- John Locke : natural law, natural rights and God -- Concluding remarks and a heavenly dialogue.
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  46. Hobbes as a Theorist of Natural Law.Perez Zagorin - 2007 - Intellectual History Review 17 (3):239-255.
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  47. Writings on Common Law and Hereditary Right (review).Aloysius Martinich - 2006 - Journal of the History of Philosophy 44 (1):120-121.
    Aloysius Martinich - Writings on Common Law and Hereditary Right - Journal of the History of Philosophy 44:1 Journal of the History of Philosophy 44.1 120-121 Thomas Hobbes. Writings on Common Law and Hereditary Right. Edited by Alan Cromartie and Quentin Skinner. Oxford: Clarendon Press, 2005. Pp. lxxi + 192. Cloth, $99.00. Thomas Hobbes wrote three classics or near classics of political philosophy, Leviathan, De Cive, and the Elements of Law, Natural and Politic. He also wrote Dialogue between a Philosopher (...)
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  48. Thomas Hobbes: A Dialogue Between a Philosopher and a Student, of the Common Laws of England.Alan Cromartie & Quentin Skinner (eds.) - 2005 - Oxford University Press UK.
    This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody (...)
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  49. Thomas Hobbes: Writings on Common Law and Hereditary Right: A Dialogue Between a Philosopher and a Student, of the Common Laws of England. Questions Relative to Hereditary Right.Alan Cromartie & Quentin Skinner (eds.) - 2005 - Clarendon Press.
    This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. As a critique of common law by a great philosopher, the Dialogue should be essential reading for anybody interested in English political thought or legal theory. Cromartie has established when and why the work (...)
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  50. Review of Thomas Hobbes, Alan Cromartie (ed.), Quentin Skinner (ed.), Writings on Common Law and Hereditary Right, Consisting of a Dialogue Between a Philosopher and a Student, of the Common Laws of England[REVIEW]Mark Murphy - 2005 - Notre Dame Philosophical Reviews 2005 (12).
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