The nerves of the Leviathan: On metaphor and Hobbes' theory of punishment

Otro Siglo 3 (2):26-42 (2019)
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Abstract

Thomas Hobbes’ theory of punishment plays a constitutive role in the Leviathan’s theory of state sovereignty. Despite this, Hobbes’ justification for punishment is widely found to be discrepant, weak, inconsistent, and contradictory. Two dominant tendencies in the scholarship attempt to stabilize the Leviathan’s justification for the state’s right to punish by either identifying it with the sovereign’s right to war or by elaborating a theory of authorization within the state. In contrast, by tracing the deployments of the metaphor that Hobbes utilizes to evoke the state’s right to punish in the Leviathan (i.e. that of the nerves of the Leviathan) this paper finds that these two accounts can be made to be consistent with each other — thereby destabilizing the grounds upon which the theory of punishment can be founded.

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Alejo Stark
University of Michigan, Ann Arbor

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References found in this work

Thomas Hobbes and the philosophy of punishment.Alan Norrie - 1984 - Law and Philosophy 3 (2):299 - 320.
Authorization and the Right to Punish in Hobbes.Michael J. Green - 2015 - Pacific Philosophical Quarterly 97 (1):113-139.
Hobbes on Capital Punishment.David Heyd - 1991 - History of Philosophy Quarterly 8 (2):119 - 134.

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