Liberty, law and social construction

History of Political Thought 28 (4):697-708 (2007)

Authors
Lena Halldenius
Lund University
Abstract
In this article Hobbes's view of the commonwealth, and of law and liberty within it, is discussed from the point of view of social ontology. The artificial character of the commonwealth and the constitutive function of the covenant is put in terms of the institutional world being constructed through collective intentionality, which is performative, self-referential, and collective, and which serves as truth-maker. Hobbes is used here to make the point that it is a mistake to argue, as for example Tuomela has done, that the construction of institutions require a joint commitment: we-attitudes held in the we-mode. Instead, institutions on a `Hobbesian' model are constructed by we- attitudes held in the I-mode. This analysis is used in a discussion of law as an institution and law serving as a constraint on freedom. The constructive character of law means that the idea of law can serve as a constraint even in an area of life where in actual fact is unregulated. In order to assess whether liberty can be said to be infringed when that happens we need to go back to the notion of an external constraint, appreciating that what agents there are, what they can do and the powers they possess are functions of collective attitudes conveying meaning and status
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 39,607
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Restructuring Searle's Making the Social World.F. Hindriks - 2013 - Philosophy of the Social Sciences 43 (3):373-389.
Political Liberty: Who Needs It?Jason Brennan - 2012 - Social Philosophy and Policy 29 (1):1-27.
Power and Social Ontology.Åsa Andersson - 2007 - Lund: Bokbox Publications.
Democratic Legitimacy and Economic Liberty.John Tomasi - 2012 - Social Philosophy and Policy 29 (1):50-80.
Non-Domination as a Moral Ideal.Christian Nadeau - 2003 - Critical Review of International Social and Political Philosophy 6 (1):120-134.

Analytics

Added to PP index
2013-11-24

Total views
9 ( #696,358 of 2,325,335 )

Recent downloads (6 months)
5 ( #334,542 of 2,325,335 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature