1.  84
    The Right to Punish in Thomas Hobbes’s Leviathan.Arthur Yates - 2014 - Journal of the History of Philosophy 52 (2):233-254.
    There is an apparent ambiguity in Thomas Hobbes’s account in Leviathan1 of the source of the sovereign’s right to punish. Hobbes appears to both claim and deny that the prospective sovereign is granted the right to punish by prospective subjects. In claiming that the sovereign is granted the right to punish, we understand Hobbes to hold that the acquisition of the right follows from authorization—a process by which a representative is commissioned to act on the behalf of another person. In (...)
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  2.  49
    A Hohfeldian Analysis of Hobbesian Rights.Arthur Yates - 2013 - Law and Philosophy 32 (4):405-434.
    This paper has a threefold purpose: first, to criticize the customary application of Hohfeld’s theory of rights to Hobbes’s juridical/political theory that reduces all Hobbesian rights to Hohfeldian privileges; second, to defend the appropriateness of a proper application of a Hohfeldian analysis of rights to Hobbes’s theory by responding to criticisms offered by Eleanor Curran; and, lastly, to reveal the value a Hohfeldian analysis offers in clarifying a Hobbesian right that has been generally misunderstood in the literature. I argue that (...)
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  3.  3
    The Search for Certainty.Arthur Yates - 1989