Grotius is now widely acknowledged as an important figure in early modern contractual and consensual theories of political authority and legitimacy. However, as his thoughts on these debates are disseminated throughout his works rather than systematically ordained, it remains difficult to assess what, if anything, constitutes his distinctive mark. In the present paper, I will argue that his works contain a combination of two conceptual elements that have come to constitute a salient characteristic of early modern contract and consent theories: (...) first, a strong obligation to keep one’s promises, and second, an account of perfect promises as transferrals of rights. In the political sphere, this means that citizens who have promised their obedience to the authorities are obligated to keep faith, which provides a solid foundation for political obligations. In addition, their promise implies that authorities receive the right to rule over them, which accounts for the legitimacy of these authorities’ power. (shrink)

This paper brings to light an unexplored aspect of Hobbes’s argument that political authority rests upon subjects’ consent. Consent enacts a transfer of subjects’ right of nature to the sovereign, yet she already possesses a natural right to everything. What moral difference, then, does this make to her possession of power, and how? In my reading, the difference lies in the rise of new obligations befalling the sovereign by means of an indirect mechanism: That many individuals, hoping for safety, transfer (...) their right of nature to the sovereign triggers an obligation for her to accept the role of a ruler and perform the duties attached to it, for the sake of the peace enjoined by the laws of nature. This reading should also confirm the possibility of a consensual foundation for the Hobbesian right to punish and shed new light on Hobbes’s notion of tacit consent. (shrink)