This article examines the rise of modern secular, individualistic and rational legal thought from a historical point of view. It will be argued that the well known assumption needs to be critized, that the philosophical background of this development can only be traced back to Hobbes, Locke and Kant. Instead, the two authors of this article will point out that it was rather Ockham who first mentioned notions of modern liberal democracy in his philosophical opus. Furthermore, it will be shown (...) that the traditional interdisciplinary discourse on Thomas Hobbes falls short of a serious discussion of the most critical arguments. On a normative level it will be asked, what a Hobbesian (or for example Kantian discourse-ethical) conception can do for a normative justification of liberal democracy, nationally and transnationally. (shrink)

In this short introductory article the origin of this special issue in a Cambridge conference in 2019 is briefly sketched. Moreover, the specific approach which the organizers wanted to highlight is elucidated. Also, a preview is offered of the various contributions to this special issue.