Hobbes and the LawDavid Dyzenhaus, Thomas Poole Hobbes's political thought provokes a perennial fascination. It has become particularly prominent in recent years, with the surge of scholarly interest evidenced by a number of monographs in political theory and philosophy. At the same time, there has been a turn in legal scholarship towards political theory in a way that engages recognisably Hobbesian themes, for example the relationship between security and liberty. However, there is surprisingly little engagement with Hobbes's views on legal theory in general and on certain legal topics, despite the fact that Hobbes devoted whole works to legal inquiry and gave law a prominent role in his works focused on politics. This volume seeks to remedy this gap by providing the first collection of specially commissioned essays devoted to Hobbes and the law. |
Contents
The political jurisprudence of Thomas Hobbes | 5 |
The equal extent of natural and civil law | 22 |
Thomas Hobbes and the common law | 39 |
Hobbes on law and prerogative | 68 |
Criminal law for humans | 97 |
Hobbes on civic liberty and the rule of law | 145 |
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Common terms and phrases
actions arbitrator argument artificial authority Behemoth benefit binding Bobbio Cambridge University Press chapter Cive civil law civil science civil society Civilian claim command common law common lawyers commonwealth concept conflict Corpus Iuris Civilis covenant criminal law defined definition Dialogue duty Dyzenhaus Elements ofLaw eleventh law equal equity ereign exercise fiduciary final find first fit freedom Hobbes argued Hobbes says Hobbes’s account Hobbes’s theory Hobbes’s view Hobbesian human Ibid influence interpretation judge jurists laws of nature legal positivist legislator Leviathan moral natural law natural right Noel Malcolm non-arbitrary non-obligation non-obstruction Norberto Bobbio obedience obey obligation oflegal ofliberty ofthe law ofthe sovereign one’s Oxford party peace person Pettit Philosopher positive law prerogative principle punishment Quentin Skinner reason Reflections requires Richard Tuck right to resist Roman law rule oflaw self-preservation sense significant sover sovereign power sovereignty specific statute things Thomas Hobbes tion unwritten valid