Limiting Leviathan
Hobbes on Law and International Affairs
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Product details:
- Publisher OUP Oxford
- Date of Publication 26 September 2013
- ISBN 9780199682805
- Binding Paperback
- No. of pages272 pages
- Size 238x166x15 mm
- Weight 414 g
- Language English 0
Categories
Short description:
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.
MoreLong description:
Thomas Hobbes wrote extensively about law and was strongly influenced by developments and debates among lawyers of his day. And Hobbes is considered by many commentators to be one of the first legal positivists. Yet there is no book in English that focuses on Hobbes's legal philosophy. Indeed, Hobbes's own book length treatment of law, A Dialogue Between a Philosopher and a Student of the Common Laws of England, has also not received much commentary over the centuries. Larry May seeks to fill the gap in the literature by addressing Hobbes's legal philosophy directly, and comparing Leviathan to the Dialogue, as he offers a new interpretation of Hobbes's views about the connections among law, politics, and morality.
May argues that Hobbes is much more amenable to moral, and even legal, limits on the law--indeed closer to Lon Fuller than to today's legal positivists--than he is often portrayed. He shows that Hobbes's views can provide a solid grounding for the rules of war and international relations generally, contrary to the near universal belief that Hobbes is the bête noir of international law. To support these views, May holds that Hobbes places greater weight on equity than on justice, and that understanding the role of equity is the key to his legal philosophy. Equity also is the moral concept that provides restrictions on what a sovereign can legitimately do, and if violated is the kind of limitation on sovereignty that could open the door for possible international institutions.
required reading for anyone interested in this fascinating and underexplored element of Hobbess thought.
Table of Contents:
Acknowledgments
Introduction
Law, Morality, and Prudence
Social Contract
Equity and Justice
Concept of Law
Fidelity to Law
Sovereignty and Artificial Reason
Authorization, Joint Action, and Representation
Crimes and the International Order
Rules of War
The Attitude of Pacifism
Concluding Thoughts
Bibliography
