The purpose of this article is to analyse Hobbes’s understanding of democracy. The first part of the article analyses the role of democracy in the social contract. It aims to show how there exists a democratic element at the beginning of the process of social contract, in which the multitude is transformed into a people. However, after the first social contract is made, Hobbes aims to reduce the power of the people by leading the process of (...) social contract on to another level, on which the power of the people is assigned to a representative of the sovereign power, for example a monarch. The second part of the article aims to explain the practical reasons, provided by Hobbes in different parts of his political theory, for his aversion to a democratic form of government. Main reason for this, it is argued, is that democratic government is closest to the unwanted multitude. Thus, in his political theory Hobbes uses democracy to build sovereign power, but does not trust it as a form of government. (shrink)

Thomas Hobbes (1588-1679) was an English philosopher, remembered today for his work on political philosophy. His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory. He also contributed to a diverse array of fields, including history, geometry, physics of gases, theology, ethics, general philosophy, and political science. He was one of the main philosophers who founded materialism. He visited Florence in 1636 and later was a regular debater in (...) philosophic groups in Paris, held together by Marin Mersenne. Hobbes's first area of study was an interest in the physical doctrine of motion and physical momentum. Despite his interest in this phenomenon, he disdained experimental work as in physics. He built a good reputation in philosophic circles and in 1645, he was chosen with Descartes, Gilles de Roberval and others, to referee the controversy between John Pell and Longomontanus over the problem of squaring the circle. His other works include: The Elements of Law Natural and Politic (1640) and De Cive (The Citizen): Philosophical Rudiments Concerning Government and Society (1651). (shrink)

Recent debates over American liberalism have largely ignored one way of understanding democratic purposes that was widely influential for much of American history. This normative conception of democracy was inspired by philosophical ideas found in people such as John Stuart Mill and G. W. F. Hegel rather than by rights-based or civic republican theories. Walt Whitman and John Dewey were among its notable adherents. There is much that can be said on behalf of Richard Rorty's recent argument that American liberals (...) would be well advised to recover and reclaim the heritage of Whitman and Dewey; but some additions and emendations to his construction of these champions of democracy would strengthen his case. (shrink)

The response of academic intellectuals and political elites to populism is very often characterized by a mixture between outright disgust and helpless perplexity. This cannot come as a surprise, since the one thing that left and right populism have in common is that they consider the elites their enemy. The essay argues that the choice the elites have is either to openly voice their contempt for the uneducated masses, or to help educate them. However, as the contributions of Ernesto Laclau (...) and Jacques Rancière on the topic show, this is more easily said than done. Moreover, to simply discard right-wing populism on the basis of its racist tendencies often simply serves to deflect the focus away from the legitimate grievances of those who follow – or ‘fall for’ – populist parties. (shrink)

Described both as "the Hobbes of our age" and as "the philosophical godfather of Nazism," Carl Schmitt was a brilliant and controversial political theorist whose doctrine of political leadership and critique of liberal democratic ideals distinguish him as one of the most original contributors to modern political theory.The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. First published in 1923, it has often been viewed as an attempt to destroy parliamentarism; in fact, it was (...) Schmitt's attempt to defend the Weimar constitution. The introduction to this new translation places the book in proper historical context and provides a useful guide to several aspects of Weimar political culture.The Crisis of Parliamentary Democracy is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

The rich have two defining capabilities: independence from and command over others. These make being wealthy very pleasant indeed, but they are also toxic to democracy. First, I analyse the mechanisms by which the presence of very wealthy individuals undermines the two pillars of liberal democracy, equality of citizenship and legitimate social choice. Second, I make a radical proposal. If we value the preservation of democracy we must limit the amount of wealth any individual can have and still be (...) a citizen of our polity. (shrink)

This article develops the affirmative biopolitics that Roberto Esposito intimates in his trilogy – Communitas, Immunitas and Bı´os. The key to this affirmative biopolitics lies in the relationship between the munus, a form of gift that is the root of communitas and immunitas, and the gift discourse that developed throughout the 20th century. The article expands upon Esposito’s interpretation of four theoretical sources that are crucial to his biopolitical perspective: Mauss and the gift-exchange tradition; Hobbes’s social contract theory, which (...) Esposito presents as the anti-gift that founded modernity’s thanatopolitical ‘immunization paradigm’; Bataille’s dangerous concept of sacrifice, which gestures toward an affirmative biopolitical community; and, finally, Jean-Luc Nancy’s essay, L’Intrus, which reflects on the near-decade Nancy lived as the recipient of the gift of a transplanted heart. This discussion of Mauss, Hobbes and Bataille is used to further develop Esposito’s interpretation of L’Intrus in a manner that supports his conception of an affirmative biopolitics ‘of, not over, life’. (shrink)

Ian Shapiro’s The Moral Foundations of Democracy explores the moral foundations of political legitimacy in utilitarianism, Marxism, and social contract theory. Each of these traditions, he contends, has made decisive contributions to the advancement of democracy precisely because it has been shaped by the moral and political advancements introduced by the Enlightenment. The latter, Shapiro argues, made the decisive moves forward by demanding that the social order be based on scientific reasoning and that human freedom be respected, issuing (...) in a legal doctrine of individual rights. (shrink)

Contract-based approaches have been a focus of attention in business ethics. As one of the grand traditions in political philosophy, contractarianism is founded on the notion that we will never resolve deep moral disagreement. Classical philosophers like Hobbes and Locke, or recent ones like Rawls and Gaus, seek to solve ethical conflicts on the level of social rules and procedures. Recent authors in business ethics have sought to utilize contract-based approaches for their field and to apply it to concrete (...) business dilemmas. However, the application of contractarianism to management contexts can cause difficulties. Our article discusses this conceptual problem of contractarian business ethics and presents the idea of order ethics as an alternative. Order ethics, as we argue, can make a difference by conceptually bridging the gap between contractarianism and business ethics. (shrink)

Thomas Hobbes is often credited as the “founder of modern liberalism” for grounding his political theory in individualism, natural right, and the social contract. The irony, of course, is that upon this foundation he built an imposing edifice of absolutism. What has escaped most observers, however, is the extent to which Hobbes' absolutism is mitigated by his own principles, qualifications, and doctrines. Hence, “saving Hobbes from himself,” is not simply a matter of correcting his errors, but requires drawing (...) out the implications of his first principles and identifying the additional supports he provides for an essentially liberal order. In this way it is possible to “bind” Leviathan through a process of internal domestication, as opposed to looking backward to Aristotle or forward to Locke. The result is a “reformed” Hobbes who can be readily acknowledged as “the true ancestor of constitutional liberal democracy.”. (shrink)

Jair Bolsonaro, the current President of Brazil, has made himself into one of the most influent advocates of COVID-19 denial. His health policy and his political doctrine are partly based on an implicit moral claim, which is neglected by contemporary political theory. Bolsonarism’s rhetoric raises a moral claim to freedom without responsibility, which relieves its followers from the burdens that emerge from liberal accounts of liberty or from basic goods accepted in a political community. In opposition to liberal or communitarian (...) accounts, Bolsonarism endorses a Hobbesian concept of freedom that describes it as the absence of ‘impediments to motion’. Nonetheless, it differs from Hobbes because it treats this liberty as endowed with moral value and non-negotiable through a social contract. (shrink)

Thomas Hobbes took a new look at the ways in which society should function, and he ended up formulating the concept of political science. His crowning achievement, Leviathan, remains among the greatest works in the history of ideas. Written during a moment in English history when the political and social structures as well as methods of science were in flux and open to interpretation, Leviathan played an essential role in the development of the modern world. This edition of (...) Hobbes' landmark work is based on the original text. It incorporates the author's own corrections and retains the period spelling and punctuation, offering both flavorful authenticity and the utmost clarity of expression. (shrink)

This rich collection will introduce students of philosophy and politics to the contemporary critical literature on the classical social contract political thinkers Thomas Hobbes , John Locke , and Jean-Jacques Rousseau . A dozen essays and book excerpts have been selected to guide students through the texts and to introduce them to current scholarly controversies surrounding the contractarian political theories of these three thinkers.

This major study of Hobbes's political philosophy draws on recent developments in game and decision theory to explore whether the thrust of the argument in Leviathan, that it is in the interests of the people to create a ruler with absolute power, can be shown to be cogent. Professor Hampton has written a book of vital importance to political philosophers, political and social scientists, and intellectual historians.

This major study of Hobbes' political philosophy draws on recent developments in game and decision theory to explore whether the thrust of the argument in Leviathan, that it is in the interests of the people to create a ruler with absolute power, can be shown to be cogent. Professor Hampton has written a book of vital importance to political philosophers, political and social scientists, and intellectual historians.

This rich collection will introduce students of philosophy and politics to the contemporary critical literature on the classical social contract political thinkers Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. A dozen essays and book excerpts have been selected to guide students through the texts and to introduce them to current scholarly controversies surrounding the contractarian political theories of these three thinkers.

Thomas Hobbes's Leviathan is the greatest work of political philosophy in English and the first great work of philosophy in English. In addition, it presents the fundamentals of his beliefs about language, epistemology, and an extensive treatment of revealed religion and its relation to politics. Beginning with premises that were sometimes controversial, such as that every human action is caused by the agent's desire for his own good, Hobbes derived shocking conclusions, such as that the civil government enjoys absolute (...) control over its citizens and that the sovereign has the right to determine which religion is to be practiced in a commonwealth. Hobbes's contemporaries recognized the power of the arguments in Leviathan and many of them wrote responses to it. Selections from books by John Bramhall, Robert Filmer, Edward Hyde, George Lawson, William Lucy, Samuel Pufendorf and Thomas Tenison are included in this edition. Leviathan is divided into four parts: In the first part, Of Man, Hobbes presents a view of human beings and of the natural world in general that is materialistic and mechanistic. In the second part, Of Commonwealth, he defends the theory of absolute sovereignty, the view that the government has all the political power and has the right to control any aspect of life. In the third part, Of a Christian Commonwealth, he critiques concepts like revelation, prophets, and miracles in such a way that it becomes doubtful whether they can be rationally justified. In the fourth part, Of the Kingdom of Darkness, he explains various ways in which priestly religion has corrupted religion and transgressed the rights of the sovereign. In this revised edition of Hobbes's classic work, A.P. Martinich improves Hobbes's punctuation for the sake of clarity. He has also added new notes for readers, extensive cross references, and substantial part of Hobbes's reply to Bramhall's The Catching of Leviathan. (shrink)

This revised Broadview Edition of Hobbes's classic work of political philosophy includes the full text of Part I (Of Man), Part II (Of Commonwealth), and the Review and Conclusion. The appendices, which set the work in its historical context, include a rich selection of contemporary responses to Leviathan. Also included are an introduction, explanatory notes, and a chronology of Hobbes's life. Please note that the Broadview Edition of the complete Leviathan also remains available.

This book offers a detailed study of the political philosophies of Thomas Hobbes and Benedict de Spinoza, focussing on their concept of power as potentia, concrete power, rather than power as potestas, authorised power. The focus on power as potentia generates a new conception of popular power. Radical democrats–whether drawing on Hobbes's 'sleeping sovereign' or on Spinoza's 'multitude'–understand popular power as something that transcends ordinary institutional politics, as for instance popular plebsites or mass movements. However, the book argues (...) that these understandings reflect a residual scholasticism which Hobbes and Spinoza ultimately repudiate. Instead, on the book's revisionist conception, a political phenomenon should be said to express popular power when it is both popular (it eliminates oligarchy and encompasses the whole polity), and also powerful (it robustly determines political and social outcomes). Two possible institutional forms that this popular power might take are distinguished: Hobbesian repressive egalitarianism, or Spinozist civic strengthening. But despite divergent institutional proposals, the book argues that both Hobbes and Spinoza share the conviction that there is nothing spontaneously egalitarian or good about human collective existence. From this point of view, the book accuses radical democrats of pernicious romanticism; the slow, meticulous work of organizational design and maintenance is the true centre of popular power. Three minute video summary available via HPBin3. Extended discussion on The Political Theory Review podcast. First chapter open access available via Oxford Scholarship Online. Videos of book talks at National University of Singapore (Centre for Legal Theory) and Universidad de Buenos Aires (Instituto de Investigaciones Gino Germani) available via YouTube. (See links below.). (shrink)

Ariella Azoulay’s concept of ‘the civil contract of photography’ innovatively responds to the long tradition of social contract theory inaugurated by Thomas Hobbes. I argue that a comparative analysis between Hobbes and Azoulay (through a Schmittian lens) exposes both Azoulay’s debt to ‘the monster of Malmesbury’, while simultaneously exposing to view the profound limits this debt imposes on Azoulay’s ethical project to wrest the concept of citizenship free from the ideology of the nation state.

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all with himself, (...) with his desires and sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

This chapter contains sections titled: Background: mapping the field of business ethics The evolution of social contract approaches to business ethics Integrative social contracts theory (ISCT) Remaining issues and promising research directions for contractarian business ethics.

Feminist scholars have long debated on a key contradiction in the political theory of Thomas Hobbes: While he sees women as free and equal to men in the state of nature, he postulates their subjection to male rule in the civil state without any apparent explanation. Focusing on Hobbes’s construction of the mother–child relationship, this article suggests that the subjugation of the mother to the father epitomizes the neutralization of the ancient principle of ‘governance’, which he replaces with a (...) novel concept of ‘power’ as formally authorized command. This scrutiny leads to three main conclusions: a radicalization of Pateman’s concept of ‘sexual contract'; the acknowledgement that patriarchy is inseparable from the logic of political authority constructed by Hobbes; and the claim that criticism of patriarchal rule requires an overall problematization of the mainstream conception of political participation we have inherited from modern political science. (shrink)

Rajesh Sampath ABSTRACT: This paper examines Ambedkar’s critical view of certain distortions, contradictions, and instabilities in democratic norms, constitutional validity, and citizens’ rights in India’s secular, constitutional, legal, pluralistic democracy. Through a strident deconstruction utilizing Hegelian resources, the paper exposes the contortions and contradictions underpinning Hindu metaphysics in some of its most abstract texts, namely...

Many scholars view political contractarianism as a distinctly modern account of the foundations of political order. Ideas such as popular sovereignty, the right of revolution, the necessity of the consent of the governed for rightful political authority, natural equality, and a pre-civil state of nature embody the modern rupture with classical political philosophy and traditional Christian theology. At the headwaters of this modern revolution stands Thomas Hobbes. Since the American founders subscribed to the social contract theory, they are (...) often said to reject classical political philosophy and traditional Christian political theology as well. In America on Trial, Robert Reilly rejects the usual argument. He maintains that the building blocks of the American founding originate in medieval Christian political theology. In this essay, I argue that a morally and metaphysically realist contractarian tradition—one that affirms natural equality, the authority of the society over government, the necessity of consent for legitimate government, the right to resist tyrannical rulers, and the idea of a pre-civil state of nature—predates Hobbes and also that the voluntarist contractarian tradition inaugurated by Hobbes is self-referentially incoherent. A coherent political contractarianism logicially depends on the sort of metaphysics and moral ontology Hobbes rejects. (shrink)

Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals -- (...) On the Primacy of Peoplehood: Nations and Nationalism in Rousseau's Social Contract -- Rousseau on Voting and Electoral Laws -- Rousseau and the puzzle of the Roman Republic -- Rousseau's Case against Democracy -- Rousseau's Dilemma or "Of Civil Religion" -- Entreating the Political: Politics and Theology in Rousseau's Social Contract -- Civil Religion and Political Unity: Social Contract 4.8. (shrink)

Difficult moral issues in economic life, such as evaluating the impact of hostile takeovers and plant relocations or determining the obligations of business to the environment, constitute the raison d'etre of business ethics. Yet, while the ultimate resolution of such issues clearly requires detailed, normative analysis, a shortcoming of business ethics is that to date it has failed to develop an adequate normative theory.1 The failing is especially acute when it results in an inability to provide a basis for fine-grained (...) analyses of issues. Both general moral theories and stakeholder theory seem incapable of expressing the moral complexity necessary to provide practical normative guidance for many business ethics contexts. (shrink)

Difficult moral issues in economic life, such as evaluating the impact of hostile takeovers and plant relocations or determining the obligations of business to the environment, constitute the raison d'etre of business ethics. Yet, while the ultimate resolution of such issues clearly requires detailed, normative analysis, a shortcoming of business ethics is that to date it has failed to develop an adequate normative theory.1 The failing is especially acute when it results in an inability to provide a basis for fine-grained (...) analyses of issues. Both general moral theories and stakeholder theory seem incapable of expressing the moral complexity necessary to provide practical normative guidance for many business ethics contexts. (shrink)

Extant social contracts, deriving from communities of individuals, constitute a significant source of ethical norms in business. When found consistent with general ethical theories through the application of a filtering test, these real social contracts generate prima facie duties of compliance on the part of those who expressly or impliedly consent to the terms of the social contract, and also on the part of those who take advantage of the instrumental value of the social contracts. Businesspeople (...) typically participate in multiple communities and, as a consequence, encounter conflicting ethical norms. Priority rules can be devised to resolve such conflicts. The framework of extant social contracts merges normative and theoretical research in business ethics and specifies a domain for empirical studies. (shrink)

During the past ten years Integrative Social Contracts Theory (ISCT) has become part of the repertoire of specialized decision-oriented theories in the business ethics literature. The intention here is to (1)␣provide a brief overview of the structure and strengths of ISCT; (2) identify recurring themes in the extensive commentary on the theory including brief mention of how ISCT has been applied outside the business ethics literature; (3) describe where research appears to be headed; and (4) specify challenges faced by (...) those who seek to reform ISCT. Key themes in the critiquing literature relate to (a) the identification process for hypernorms; (b) justification of the recognition of hypernorms; (c) proposals for considering meso or meta norms; (d)␣clarification of the relationship between stakeholder concepts and ISCT; (e) problems with potentially unoccupied moral free space; (f) sources of ethical obligation within the ISCT framework; and (g) the potential role for concepts of stakeholder dialogue and engagement. (shrink)

This essay examines the promise of the notion of modus vivendi for realist political theory. I interpret recent theories of modus vivendi as affirming the priority of peace over justice, and explore several ways of making sense of this idea. I proceed to identify two key problems for modus vivendi theory, so conceived. Normatively speaking, it remains unclear how this approach can sustain a realist critique of Rawlsian theorizing about justice while avoiding a Hobbesian endorsement of absolutism. And conceptually, the (...) theory remains wedded to a key feature of social contract theory: political order is conceived as based on agreement. This construes the horizontal tensions among individual or group agents in society as prior to the vertical, authoritative relations between authorities and their subjects. Political authority thereby appears from the start as a solution to societal conflict, rather than a problem in itself. I argue that this way of framing the issue abstracts from political experience. Instead I attempt to rethink the notion of modus vivendi from within the lived experience of political conflict, as oriented not primarily toward peace, but political survival. With this shift of perspective, the idea of modus vivendi shows us, pace Bernard Williams, that the “first political question” is not how to achieve order and stability, but rather: what can I live with? (shrink)

The constitutions of many nations have been explicitly or implicitly founded upon principles of the social contract derived from Thomas Hobbes. The Hobbesian egoism at the base of the contract fairly accurately represents the structure of market enterprise. A contractarian analysis may, then, allow for justified or rationally acceptable universal standards to which businesses should conform. This paper proposes general rational restrictions upon multi-national enterprises, and includes a critique of unjustified restrictions recently proposed by the Organization for Economic (...) Cooperation and Development (OECD). I propose restrictions that may be tighter than the OECD and international law currently demand, because reason requires that the activities of enterprises accord with standards of environmental and governmental sustainability in addition to consortium, national law and international law agreements. I argue that it is justifiable that indictments may be presented by a citizen or a government against the local arm of a multinational enterprise in response to violations committed by an arm within a different country. (shrink)

Bernard Gert’s distinctive interpretation of the philosophy of Thomas Hobbes in his recent book may be questioned in at least three areas: (1) Even if Hobbes is not a psychological egoist, he seems to be a desire egoist, which has the consequence, as he understands it, that a person acts at least for his own good in every action. (2) Although there are several senses of reason, it seems that Hobbes uses the idea that reason is calculation of means (...) to ends; while such calculation sets intermediate goals, reason itself does not set ultimate ends. (3) Hobbes’s political theory is best understood as a form of social contract theory because subjects covenant among themselves to authorize the sovereign to protect them; authorization has the consequence that subjects give some of the their rights to the sovereign; but this gifting of rights is not the essence of the origin of the civil state. (shrink)

The basic question I want to ask is: can the exercise of private property rights abridge fundamental norms of democratic decision-making? And, under what conditions can it do so? To the extent that we view democratic decision making as required by justice, the issue is whether there is a deep tension between certain ways of exercising the rights of private property and that part of social justice that is characterized by democracy. To the extent that this tension holds, I (...) will argue that commitment to democratic norms implies that private capitalist firms must cooperate with a democratic assembly and government in the pursuit of the aims of a democratic assembly even when this implies some diminution of the profits of the firms. The cooperation I have in mind goes beyond the norm of faithful compliance with the law. To be sure, there are limits to this requirement as we will see in the later part of the paper. To the extent that private capitalist firms fail to do this and partially undermine the pursuit of the aims of a democratic assembly, they act in a way that is incompatible with fundamental norms of democratic governance. (shrink)

In this reply to Professor Hodapp's criticism of my social contract theory, I focus on the misinterpretations I believe Professor Hodapp makes of the social contract tradition as well as my version of the contract. By misinterpreting the underlying purpose of social contract theory, he neglects the contract's heuristic or functional dimension, something that leads him to downplay the importance of the contract as a conceptual catalyst. And by adopting an overly narrow notion of rationality, he imagines (...) circularity where none exists. Later, Professor Hodapp questions the effect of the contract upon individual liberties, and in doing so broaches a critical issue. But I attempt to show that his concerns are eliminated by close attention to the theory itself. (shrink)

This article introduces several papers on social contracts and business ethics, published in the April 2005 issue of the journal "Business Ethics Quarterly.".

The Hobbesian social contract is effectively a repudiation of politics. And the story of humanity it tells is that of alienation. The multitude left politics behind in the state of nature, demarcating it as the power and domain of the Sovereign, as they surrendered their political capacities — their wills and judgments — to constitute the commonwealth. What they got in return is the guarantee to safely pursue the necessities of life. Thus, the politics of the modern state, (...) as applied to subjects, has always been the administration and care of mere life. This interpretation depends on a Hegelian and Arendtian reading of Hobbes. The only way to erect such a Common Power, as may be able to defend them from the invasion of Foraigners, and the injuries of one another, and thereby secure them in such sort, as that by their owne industrie, and by the fruites of the Earth, they may nourish themselves and live contentedly; is to conferre all their power and strength on one Man… and therein submit their Wills, every one to his Will, and their Judgements, to his Judgement.—Thomas Hobbes. (shrink)

The purpose of this article is to explore Thomas Hobbes’ renunciation of a prominent concept of the social contract that distinguishes between two different contracts, namely, “pactum associationis” and “pactum subiectionis”.

While shame and embarrassment have received significant attention in philosophy and psychology, cringe (also sometimes called ‘vicarious embarrassment’ and ‘vicarious shame’) has received little thought. This is surprising as the relatively new genre of cringe comedy has seen a meteoric rise since the early 2000s. In this paper, I aim to offer a novel characterization of cringe as a hostile social emotion which turns out to be closer to disgust and horror than to shame or embarrassment, thus disclosing ‘vicarious (...) shame’ and ‘vicarious embarrassment’ to be misnomers. The closing part offers an explanation as to why cringe and cringe comedy in particular have become recently more relevant: cringe allows one to express hostility and disgust (often at other forms of life) in a nonviolent manner which fits perfectly well within the permissible boundaries of tolerance set up in liberal Western democracies since the second half of the 20th century. (shrink)

One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally state-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis (...) of jus cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a state-based legal order, and values common to the international community as a whole. (shrink)