ABSTRACTI contextualize and interpret the distinction in Hobbes’ Leviathan between the capacities of the sovereign and show its importance for contemporary debates on the nature of Hobbesian sovereignty. Hobbes distinguishes between actions the sovereign does on personal title, and actions he undertakes in a political capacity. I argue that, like royalists defending King Charles I before and during the English civil war, he maintains that the highest magistrate is sovereign in both his natural and political capacities because the capacities are (...) inseparable, though district. This position goes back to the treatment of Calvin’s Case by Francis Bacon and Edward Coke and has further precedents in medieval English constitutional thought. An important reason for Hobbes to include this doctrine in Leviathan, I suggest, is to provide a response to parliamentarians who employed the sovereign’s multiple capacities to justify armed resistance against the king. I show the relevance of this contextualization by intervening in two recent debates, regarding the possibility of constitutionalist limitations on the actions of the Hobbesian sovereign and regarding whether sovereignty is held by the commonwealth or by the person of the sovereign. (shrink)

In Federalist 10 James Madison drew a functional distinction between “parties” (advocates for factional interests) and “judgment” (decision-making for the public good) and warned of the corrupting effect of combining both functions in a “single body of men.” This paper argues that one way of overcoming “Madisonian corruption” would be by restricting political parties to an advocacy role, reserving the judgment function to an allotted (randomly-selected) microcosm of the whole citizenry, who would determine the outcome of parliamentary debates by secret (...) ballot—a division of labour suggested by James Fishkin’s experiments in deliberative polling. The paper then defends this radical constitutional proposal against Bernard Manin’s (1997) claim that an allotted microcosm could not possibly fulfil the “consent” requirement of Natural Right theory. Not only does the proposal challenge Manin’s thesis, but a 28 th Amendment implementing it would finally reconcile the competing visions that have bedevilled representative democracy since the Constitutional Convention of 1787. (shrink)

Collective action is a much-discussed topic today, but not in the historiography of philosophy. Therefore, I would like to contribute a little bit to our understanding of the history of this concept by exploring the political philosophy of Thomas Aquinas. A compelling interpretation of his treatise On Kingship emerges when we read it not, as is often the case, in terms of his moral perfectionism, but as expressing the idea that the political community is an artificial and distinct subject of (...) agency. Thus, the political philosophy of On Kingship turns out to be congenial to contemporary approaches to collective action. (shrink)

The importance of Thomas Hobbes?s account of personation and representation can hardly be overstated. And his intellectual debt to one of his classical foes, Marcus Tullius Cicero, can hardly be ignored. This paper compares Hobbes?s ideas on personhood of the state with Cicero?s notion of persona civitatis, and attempts to describe how Hobbes reshaped Cicero?s guidelines for presenting legitimate authority into a prop for defending any effective authority. Hobbes absorbs Cicero?s influential argument and builds on the idea of civic representation (...) as guardianship done by role-playing, while tearing down Cicero?s account?s ethical foundations. In contrast to Cicero?s magistrate, the social role of Hobbes?s sovereign is not scripted by ethical constrains: its purpose is not to restrict license, but to present it. (shrink)

European Journal of Philosophy, EarlyView.

European Journal of Political Theory, Volume 21, Issue 2, Page 230-252, April 2022. The apparent inconsistency between Locke’s commitment to legalism and his explicit endorsement of the extra-legal power of prerogative has confounded many readers. Among those who don’t ignore or dismiss it, the common approach is to qualify the role or scope of prerogative. The article advocates the opposite approach. It argues that Locke’s legalism should be understood within the context of his oft neglected conception of political liberty in (...) terms of self-government. This not only allows for the reconciliation of Locke’s legalism with his endorsement of extra-legal powers, but also provides a fuller, more accurate account of the role of law and of political liberty in Locke’s theory. (shrink)

The apparent inconsistency between Locke’s commitment to legalism and his explicit endorsement of the extra-legal power of prerogative has confounded many readers. Among those who don’t ignore or dismiss it, the common approach is to qualify the role or scope of prerogative. The article advocates the opposite approach. It argues that Locke’s legalism should be understood within the context of his oft neglected conception of political liberty in terms of self-government. This not only allows for the reconciliation of Locke’s legalism (...) with his endorsement of extra-legal powers, but also provides a fuller, more accurate account of the role of law and of political liberty in Locke’s theory. (shrink)

El propósito del presente trabajo consiste en explicar por qué Hobbes adopta una perspectiva corporativista para dar cuenta de la dinámica social y política que opera al interior del Leviatán. En concreto, intentaremos demostrar cómo el ordenamiento de la sociedad política en sistemas conducidos por representantes le permite a Hobbes establecer ciertas pautas en el desenvolvimiento de los conflictos públicos, fundamentalmente, la asignación de responsabilidades. A su vez, como hipótesis subsidiaria, argüiremos que el rol de la teoría de la representación (...) es central en la medida en que Hobbes no pretende eliminar la disputa política como tal, sino tan sólo deshacerse de su modalidad irregular. (shrink)

El propósito de esta investigación radica en determinar el rol unificador entre estado de naturaleza y Estado civil de la representación desarrollado en el capítulo XVI del Leviatán. La representación es un momento de transición entre estado natural y Estado civil: donde lo simbólico toma el lugar de la racionalidad práctica y se sedimenta como lo real para los hombres. Es por la capacidad de crear personas artificiales que los hombres pueden atribuir libremente predicados a cosas que no los tienen (...) realmente y, además de donar su cuerpo físico, pueden crear la persona del Estado, el Leviatán; asumir la soberanía y la sujeción y recrear la subjetividad humana políticamente. (shrink)

Hobbes's Leviathan transformed forever the meaning of the term, long debated by Biblical commentators. Alternatively, in the Book of Job chapter 41, a great chthonic beast, or Lucifer?like ?King of all the Children of Pride?, Leviathan for Hobbes was a figure for the modern state. Recent work by Quentin Skinner and Noel Malcolm treats Leviathan as in part a story about representation. But by juxtaposing the thesis of Carl Schmitt, juridical architect of the Third Reich, and author if his own (...) startling Leviathan, which reads the Biblical Beast as representing the state as demonic machine, we see not only Hobbes's purpose in invoking the God of fear, but also how it served as a self?fulfilling prophecy. (shrink)

Hobbes is often portrayed as a thinker who anticipated modern constructivist ideas of fiction and representation according to which reality is simply a social construction. This article questions t...

ABSTRACT This article traces the considerable development of a language of representation derived from Cicero's De officiis from late antiquity into early modern scholastic political thought. Cicero turned to the term persona, which signified the mask worn by actors of ancient theatre, to describe the particular duty of a magistrate who was understood ‘to bear the person of the city [se gerere personam civitatis]’. Thomas Hobbes's reliance on this terminology for his theory of the state in Leviathan is well known, (...) and we are now increasingly aware of its centrality before Hobbes in parliamentary and humanist discourse. What we have yet to register, however, is the extent and depth of scholastic appropriations and refashionings of this vocabulary. Cicero's language of representation is persistently at work in scholastic writing, from Augustine and Aquinas to Suárez and Bellarmine, and it functions in ways that reveal remarkable continuities and discontinuities with respect to its classical origins. The first task of this article is to expose this neglected channel through which this language was transmitted into early modernity. The second is to begin illuminating the early stages of political representation in the ‘second scholastic’ with an analysis of Francisco de Vitoria's De potestate civili (1528). (shrink)

The paper examines Thomas Hobbes’s theory of the state and representation in light of the historical development of the idea of the people as a corporation and its use in late-medieval and early-modern theories of resistance. Consequently, it is argued that Hobbes’s use of a corporate metaphor for the state embodied a rejection of the ius gentium reading of the people as a corporate body that legitimised the right of resistance to the sovereign power. By incorporating the state, not the (...) people, and championing a single covenant of a dissociated multitude that leads to its generation, Hobbes undermined the basis on which advocates of popular sovereignty justified opposition to the sovereign; a prerogative derived in their eyes from a covenant between the people and the ruler. (shrink)

In this essay, I compare the meaning of political representation in Hobbes? Leviathan and Corneille's Cinna. For both authors, a monarch is a ?representer? and representation is a necessary condition of effective sovereignty. However, the term ?representation? means something entirely different in Hobbes and in Corneille. For the former, it means acting and speaking in the name of a multitude and in its absence; for the latter, it means acting and speaking in the presence of a political public, with the (...) intention to impress this audience. I would like to argue that our late modern (or postmodern) conception of sovereignty can be seen as being (unconsciously) based on the conjunction of Hobbes? and Corneille's different notions of representation. (shrink)

There is an important but underappreciated ambiguity in Hobbes’ concept of personhood. In one sense, persons are representatives or actors. In the other sense, persons are representees or characters. An estate agent is a person in the first sense; her client is a person in the second. This ambiguity is crucial for understanding Hobbes’ claim that the state is a person. Most scholars follow the first sense of ‘person’, which suggests that the state is a kind of actor – in (...) modern terms, a ‘corporate agent’. I argue that Hobbes’ state is a person only in the second sense: a character rather than an actor. If there are any primitive corporate agents in Hobbes’ political thought, they are representative assemblies, not states or corporations. Contemporary political theorists and philosophers tend to miss what is unique and valuable about Hobbes’ idea of state personality because they project the idea of corporate agency onto it. (shrink)

There is an important but underappreciated ambiguity in Hobbes’ concept of personhood. In one sense, persons are representatives or actors. In the other sense, persons are representees or characters. An estate agent is a person in the first sense; her client is a person in the second. This ambiguity is crucial for understanding Hobbes’ claim that the state is a person. Most scholars follow the first sense of ‘person’, which suggests that the state is a kind of actor – in (...) modern terms, a ‘corporate agent’. I argue that Hobbes’ state is a person only in the second sense: a character rather than an actor. If there are any primitive corporate agents in Hobbes’ political thought, they are representative assemblies, not states or corporations. Contemporary political theorists and philosophers tend to miss what is unique and valuable about Hobbes’ idea of state personality because they project the idea of corporate agency onto it. (shrink)

European Journal of Philosophy, EarlyView.

The paper critically examines the conception of majoritarian democracy. In the second part of the text, the author introduces the definition of majoritarian democracy based on the Joseph Schumpeter’s theory of minimal democracy. The thesis of the paper is that electing the government by universal suffrage is neither necessary nor sufficient as a condition for a democratic regime. The concept of democracy is broader, including the catalogue of democratic values connected with the concept of democratic citizenship, special circumstances of political (...) action and the limitation of government powers. (shrink)

What motivated an absolutist Erastian who rejected religious freedom, defended uniform public worship, and deemed the public expression of disagreement a catalyst for war to endorse a movement known to history as the champion of toleration, no coercion in religion, and separation of church and state? At least three factors motivated Hobbes’s 1651 endorsement of Independency: the Erastianism of Cromwellian Independency, the influence of the politique tradition, and, paradoxically, the contribution of early-modern practices of toleration to maintaining the public sphere’s (...) religious uniformity. The third factor illustrates how a key function of the emerging private sphere in the early-modern period was to protect uniformity, rather than diversity; it also shows that what was novel was not so much the public/private distinction itself, but the separation of two previously conflated dimensions of publicity – visibility and representativeness – that enabled early-modern Europeans to envisage modes of worship out in the open, yet still private. (shrink)

From 1912, Alejandro Korn and José Ingenieros began to publish articles that then would be part of their historical works, respectively, Influencias filosóficas en la evolución nacional and La evolución de las ideas argentinas. Therefore, they started to generate some discussion in reference to sections that they knew of each other's work. Being the first major works from a developing philosophical field about the history of Argentine thought, their authors sought to create cultural traditions to affirm their own academic, cultural (...) and political positions. Thus, they based their positions about their academic situation through their interventions in the debate on the evaluation of the various features of the intellectual past of the country and national identity during the academic professionalization of historical studies, and actively participated in discussions on the function of culture and philosophy in a national project. Yet, besides, in order to address their history of ideas, the two most important teachers of the philosophical sphere around 1918 tested very different methodological approaches that worked under different conceptions of philosophical and historical practice and two different ways of thinking the reception and circulation of ideas from Europe. (shrink)