Early modern
Thomas Hobbes
1588–1679 · England · Philosopher
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.
See everyone on the timeline and compare thinkers side by side
Take it further
How legal systems and codes grew.
A whole chapter of black-letter law on one printable page. Free sample.
- Pocket guides $12
Short PDF reference books with closed-book self-checks.
Support this free tool
This guide is free, and it takes a lot of careful work to build and keep up to date. If it helped you, you can leave a small contribution. No account is needed, and nothing is sold to you.
A one-time card payment through Stripe. It is a contribution, not a purchase, and it is not tax-deductible.
TheLawToKnow Tools’s founders of legal thought is an educational overview. It is not legal advice. Report a mistake.

