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.
Les mer
Hobbes on Law and International Affairs
Produktdetaljer
ISBN
9780191505270
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter