This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...) the people, this article nevertheless argues for one specific, and currently dominant, type of contract view – ‘contractarianism’ – that it contains the conceptual tools to solve it. In a contractarian view, the people are understood as a cooperative venture for mutual advantage and accordingly consist of only those individuals for whom it is mutually beneficial to bind themselves to one another. It is argued that contractarianism offers a procedurally democratic solution to the problem of the legitimacy of the people that does not cause an infinite regress. Furthermore, this article refutes a classic criticism of contractarianism’s account of moral standing. Finally, the article demonstrates contractarianism’s practical implications for one specific articulation of the problem of the legitimacy of the people, namely, immigration. (shrink)

El objetivo de este artículo es realizar una revisión del estado de la cuestión sobre el concepto de estado de naturaleza en el pensamiento de Thomas Hobbes. Dicha revisión permite articular una comprensión de la naturaleza humana, puesto que a diferencia del realismo político el estado de naturaleza en Hobbes no tiene un rol meramente hipotético. Precisamente, la idea de naturaleza humana articula una proto-moralidad que permite comprender la transición hacia el estado civil. Las investigaciones Kavka, Gauthier y Hampton han (...) construido una compleja compresión de la naturaleza humana, la cual permite entender cierto sustrato de proto-moralidad en el pensamiento hobbesiano. (shrink)

Two types of criticism are frequently levelled at the history of ideas in general and the history of political theory in particular. The first is very much that of historians practising in other fields; that it is written as a saga in which all the great deeds are done by entities which could not, in principle, do anything. In it, Science is always wrestling with Theology, Empiricism with Rationalism, monism with dualism, evolution with the Great Chain of Being, artifice with (...) nature, Politik with political moralism. Its protagonists are never humans, but only reified abstractions—or, if humans by inadvertence, humans only as the loci of these abstractions. The other charge, one more frequently levelled by philosophers, is that it is insensitive to the distinctive features of ideas, unconcerned with, or more often ineffectual in its concern with, truth and falsehood, its products more like intellectual seed-catalogues than adequate studies of thought In short it is characterised by a persistent tension between the threats of falsity in its history and incompetence in its philosophy. (shrink)

European Journal of Philosophy, EarlyView.

This paper examines the interpretation of Hobbes as a political formalist which is developed by F. S. McNeilly in The Anatomy of Leviathan. McNeilly argues that Hobbes's demonstration of the necessity of political society is independent of Hobbes's particular view of man as an egotist bent at all costs on his own preservation. The first part of the argument of the paper uses techniques of decision theory and game theory to show that this argument which McNeilly ascribes to Hobbes is (...) not valid. However, the argument which Hobbes is traditionally supposed to put forward is shown to be valid. The second part of the paper examines McNeilly's interpretation of the text of Leviathan and shows that he has insufficient grounds for supposing that Hobbes attempted to construct a purely formal science of politics. (shrink)

Hobbes’ natural law theory has been discussed far and wide. Some interpreters ended up defining Hobbes as a natural law theorist, some others as a legal positivist. In this paper, I analyse the work of two important scholars, Howard Warrender and Norberto Bobbio, whose insights have stimulated an interesting debate about Hobbes’ political theory. Warrender gives God a central function in Hobbes’ political science. On his account, God is a lawmaker, his will is the source of a universal obligation, and (...) civil order is necessary to give force to the natural law that is the expression of divine will. In Bobbio’s interpretation, Hobbes is the first legal positivist of Modern age, as natural law is only ever given content by the sovereign’s will. Finally, I ask which is natural law and God’s function in Hobbes’ political thought, questioning some contemporary scholars in order to clarify Hobbes’ modernity. (shrink)

According to a common reading of Thomas Hobbes, fear is the most philosophically important passion, responsible for the founding and sustaining of the commonwealth. I argue that this common reading is incorrect by focusing on the necessary and important role of hope in human action as well as in the founding and sustaining of the commonwealth. Life in the Hobbesian commonwealth, on the reading defended in this paper, is less fearful and more hopeful than scholars have noticed.