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Evidence
Reasoning
Hobbes
description of
the state of
nature:
1) Men are
equal
2) The state of
nature is a
state of war
of all against
all.
3) Life is
solitary,
poor, nasty,
brutish and
short.
4) People have
a right of
nature in the
state of
nature.
5) Real life
instances of
the state of
nature exist.
Law of nature: by
which a man is
forbidden to do, that,
which is destructive to
his life (Hobbes, 91)
6) There is no
justice in the
state of
nature.
Hobbess laws of
nature:
Law of nature
2nd law of
nature:
-
If a covenant is made
in that condition of
mere nature, that
covenant is void
because the suspicion
of non-compliance
cannot be alleviated.
For he that
performs first has no
assurance the other
will perform after.
Other laws:
Include
gratitude,
mutual
accommodation,
faculty to
pardon, against
pride etc.
Exiting the state
of nature:
-
Fear of
violent death
and
inclination
towards
peace.
End of the
commonweal
th is security
and
contentment.
(Hobbes, 100)
But when a covenant is
made, than to break it
is unjust: and the
definition of injustice, is
no other than the not
performance of
covenant (Hobbes,
100)
Formation of
the
covenant.
commonwealth create
justice and injustice.
*This cements the
absolute power of the
sovereign.
Justice is none other
than obedience
Hobbes as intending
these laws or rather
moral precepts as a
means to make people
obey authority.
Main
Argument
Evidence
Reasoning
Reasons for
absolute power:
1) Unlimited
- powers over
many aspects
And though so
unlimited a power,
men may fancy many
evil consequences, yet
the consequents of the
want of it, which is
perpetual war of every
man against his
neighbor are much
worse (Hobbes, 144145).
2) Legitimate:
- It is absolute
because we
agreed to the
absolute
power when
we alienated
our right.
- It is our will
though it is
made out of
fear.
- Asserts that
children are
subject to the
same contract
because
master means
to be master
of all.
3) Single
authority
- Against
divided rule
- Makes an
explicit case
for an
absolute
monarch
because of
the
conveniences
it offers.
Fourthly, that a
monarch cannot
disagree with himself,
out of envy, or interest;
but an assembly may;
and that to such a
height, as may produce
a civil war (Hobbes,
132).
And whereas the
favorites of Monarchs,
are few, and they have
none else to advance
but their own kindred;
the favourites of an
assembly, are many.
(Hobbes, 132).
In Monarchy, the
private interest is the
same with the public.
The riches, power and
honour of a monarch
arise only from the
riches, strength and
reputation of his
subjects. (Hobbes,
131)
be no
opposition/competition
.
Notion that numbers
merely exaggerate the
existing human flaws.
Monarch is somehow
different from other
humans, where public
and private interest is
the same.
Reasons against
absolute power:
1) Against
unlimited:
- Unlimited
power is what
enables the
sovereign to
abuse it.
- Life under
sovereign can
be as
miserable/mor
e miserable
than civil war.
2) Against
legitimate:
- There is no
free choice
because there
is only one
choice.
- Inability for
3) Against single
authority/indi
visible power
- Separation of
powers is the
current norm.
- Sovereign is
still a human.
death as a viable
alternative.
Also unfair because
this is expected to
bind future
generations too, where
they have no means of
opting out. Lockes
tacit consent!
Though he is an
artificial person he is
still human, and
therefore fallible.
Democracy/having any
checks on his power
means being able to
minimize misrule.
Expediency in creating
laws not as important
as ensuring that those
laws are good laws in
the first place.
Hitlers Nazi
government was
arguable very effective
because he had
consolidated and
singular rule as Fuhrer.
Reversed separation of
power by merging
chancellor +
presidency.
Evidence
Hobbes
conception of
Freedom:
-
1) Freedom as
being free
from external
impediments.
2) Liberty of
Reasoning
Problems:
- Individual liberty
cannot be reconciled
easily with absolute
political authority.
- This is because
Hobbes political
authority is a function
of absolute political
obligation of subjects.
- As Hobbes justifies
continuing to disobey
subjects as
consistent
with the
absolute
power of the
sovereign
State of nature
and freedom
-
Broadly, we
have a lot of
freedom and
simultaneousl
y very little
freedom.
Freedom to
take what is
required for
our
preservation
but little
freedom in
secondary
areas because
of the
insurmountabl
e fear of
Comparisons:
Some freedoms are
pre-political for other
philosophers:
Private property as
pre-political in Lockes
state of nature, as
opposed to Hobbes,
where it only exists
when the sovereign
dictates it so.
death.
Hobbes vs. other
philosophers on
absolute
sovereignty
1) Locke
- Clearly
disagrees with
absolute
sovereignty.
- Express vs.
tacit consent.
- Allows one to
leave the
commonwealt
h.
2) Jean Hampton
- Hobbes is
inconsistent is
simultaneousl
y arguing that
peace can
only be
secured by an
absolute
sovereign
while claiming
that subjects
have a right
to selfpreservation.
3) Thrasymachus
Lockes main
challenge is Hobbes
notion of the absolute
sovereign.
Locke allows for the
dissolution of
government and
explicitly differentiates
between express and
tacit consent.
For Locke, we do not
fully alienate our right
to the sovereign, we
still maintain rights
over movable property
and can retain our
original liberty when
the sovereign abuses
his power and
launches us into a
state of war with him.
Jean Hampton has
argued that there is an
inconsistency between
Hobbes insistence
that peace can only be
secured by an
absolute sovereign
and his claim that
subjects in the
Commonwealth retain
a self-preservation
right that justifies
rebelling against the
sovereign when it is in
their interest to do so.
Because subjects can
legitimately rebel
whenever this action is
in their interest, the
Commonwealth is
effectively in the their
hands, rather than the
hands of the
sovereign.
Justice is
nothing but
the interest of
the stronger.
Legal
positivism
Reflects what
Thrasymachus said in
Book 1 of The
Republic, which is that
justice is what the
stronger dictates.
Doctrine of legal
positivism in any
legal system, whether
a given norm is legally
valid, depends on its
sources, not its merits.
The law is the
command of the
sovereign; hence the
sovereign can never
act unjustly.
Fear of each other vs. fear of the sovereign: but both have the same
function to protect society and secure peace and both have the same
rights relative to their subjects.