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Early modern

Thomas Hobbes

1588–1679 · England · Philosopher

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

Thomas Hobbes lived through the English Civil War and wrote Leviathan (1651) to show why people should obey a strong government. He imagined a 'state of nature' with no government, where everyone fears violent death at the hands of everyone else and there is, in his famous words, a war of all against all. To escape it, people make a covenant to give up their power to a sovereign who has the sole power to make laws and to enforce them. Law, for Hobbes, is the command of the sovereign: there can be no unjust law, because justice is created by law, and nobody may resist the sovereign except to save his own life. His theory of law as the command of a sovereign, kept separate from morality, was a major influence on the later positivism of Bentham and Austin, who developed it.

The big idea

Without a strong sovereign, life is a war of all against all. People therefore agree to obey a sovereign whose commands are the law, and justice is what the sovereign's law says.

Main work

Leviathan (1651)

Legacy

A source of the command theory of law that Bentham and Austin developed.

The school of thought

  • Legal Positivism: Law is what the proper authorities have laid down, whatever its moral merit.
← Earlier: Hugo GrotiusLater: John Locke →

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