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Social contract theory problems essay
Thomas Hobbes and Natural Law
Criticism of hobbes sovereignty
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In his Leviathan, Thomas Hobbes outlined his views on law, the individual and the state. It is the first and foremost pieces on social contract theory. Hobbes explains the emergence of a sovereign, as “an embodiment of people’s individual and collective will to live in conditions of security, peace and some minimal prosperity” .
He takes off with a hypothetical scenario that he refers to as “the state of nature”, wherein he analyzes the condition of individuals before the emergence of states. In such a state society is deemed to be chaotic and all men are considered equal and all have a right to act so as to survive , In such a state of nature he refers to human life as being “nasty, solitary, brutish and short”. He states three laws of nature that man must adhere to in such a state of nature and states that without observance of the laws of nature there will be continuous struggle arising from the conflict of individual judgments as to how best to survive. It is only by ceding will to a Leviathan is order created, based on mutual relation between protection and obedience. Hobbes refers to such a covenant as the “social contract”, whereby the individuals taking part promise to transfer their rights to govern themselves to some sovereign. The Contract is not made between the individuals and that sovereign. Indeed, the “sovereign has an absolute power to govern; there is no point at which he may be considered as subject to those who made the Contract among themselves” . Further, it is important to note that Hobbes has in mind, when referring to the sovereign, a ‘person’ or ‘an assembly of persons’ . For Hobbes law is the command of the sovereign and without a sovereign, law and social contract will cease to exist and he believe...
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...is issue. As discussed earlier, his command theory of law mainly claims that the normativity of law is entirely a matter of law’s coerciveness. His theory has been superseded views such as those of Hart. Hart took pains to distinguish, as well as relate, law’s coercive- ness and its normativity. “Both the distinction and the relationship are expressed in the locution “norms backed by sanctions”: law’s normativity in this view must be understood independently of and in contrast to its coerciveness. Normativity is a matter of voluntary obedience; it invokes and relies on people’s disposition, whose nature and sources may vary, to follow legal rules. Coercion and normativity are portrayed as two separate but complementary strategies that the law employs to secure the individual conduct that it desires. The idea of a norm backed by a sanction is not unique to law”.
...d seek peace. In establishing a covenant and instituting a sovereign, men give up the rights they possessed in the state of nature, as well as the right to live without tyranny. However for Hobbes, those sacrifices are overshadowed by what is gained by living under a truly absolute sovereign. A sovereign, corrupt or not, guarantees order and prevents chaos and death. Those are, word for word, the reasons the social contract was initially established and therefore fully justify the creation of an absolute sovereign. Thomas Hobbes, who wrote Leviathan during the English Civil Wars, looked out his window at chaos and decided that survival should be pursued at all costs.
Machiavelli divides all states into principalities and republics, principalities are governed by a solitary figure and republics are ruled by a group of people. With Hobbes’ Leviathan a new model for governing a territory was introduced that can no longer be equally divided into Machiavelli's two state categories. Hobbes combines the concepts for governing principalities and republics into a new type of political thought that is similar to and different from Machiavelli. Hobbes, unlike Machiavelli, is on the side of the people and not the armed prophets. Hobbes believes that the function of society is not just merely living, but to have a safe and comfortable life. He believes that by transferring all rights to a sovereign the threat of the state of nature will be diminished. A sovereign elected will be able to represent and protect everyone equally, they are not a ruler of the people but a representative. The Leviathan differs from a principalities and a republics by establishing the institution of the commonwealth through the social contract.
At first reading, Thomas Hobbes’ Leviathan can be an intimidating piece of academia. In spite of this, Part 2 of his work, ‘Of Commonwealth’, is still a core piece of political philosophy. Hobbes proposes that the only true functional, permanent and society is one of absolute authority. This essay is focused primarily on the identification and translation of Hobbes’ main doctrines against divided authority, versus the aforementioned unified state. This will be done by looking arguments about the initial construction of the state, the problems of giving each individual the responsibility of power, and benefits of the sovereign as a singular all-powerful figure versus alternatives.
Hobbes views human nature as the war of each man against each man. For Hobbes, the essence of human nature can be found when we consider how man acts apart from any government or order. Hobbes describes the world as “a time of war, where every man is enemy to every man.” (Hobbes mp. 186) In such a world, there are “no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short.” (Hobbes mp. 186) Hobbes believes that laws are what regulate us from acting in the same way now. He evidences that our nature is this way by citing that we continue to lock our doors for fear of theft or harm. Hobbes gives a good argument which is in line with what we know of survivalism, and evidences his claim well. Hobbes claims that man is never happy in having company, unless that company is utterly dominated. He says, “men have no pleasure, (but on the contrary a great dea...
Hobbes theorizes what humanity would be like in the state of nature, “where every man is enemy to every man”. The state of nature is also a state of war because without the security that comes from the mutual exchange of human rights, every human is essentially living in fear of everyone else. There would be no laws to
In the Leviathan, Thomas Hobbes has many different things to say about human nature and what drives men to commit certain actions. All of the actions committed by men and Thomas Hobbes theories revolve around two central ideas, competition and desire. And because of competition and desire, people can never reach true happiness. Man’s own desires and need to be better than the next person will stop true happiness. But in order to understand why Hobbes believes this, his view on human nature has to be looked at first. In Chapter 11 of the Leviathan, Thomas Hobbes places great emphasis on desire. Hobbes says that mankind always does whatever it needs to in order to accomplish its desires. When we accomplish one desire, we simply move on to whatever we want next. The progress that is made in accomplishing one desire and moving on to the next one is what he calls Felicity (Leviathan Ch.11). The reasons that men have desires in the first place are because we have a life style that we love and enjoy. So naturally, humans want to do everything they can in order to keep that lifestyle.
The final sentence of that passage, “And the life of man, solitary, poore, nasty, brutish, and short,” seems to sum up what Hobbes has been leading up to in the first twelve chapters of Leviathan: that without a sovereign power, without Leviathan, the natural life of man is simply horrible. It is a life in which people naturally and constantly seek to destroy one another.
Of Thomas Hobbes’ 19 laws of nature, the first three, which add consecutively up to his concept of justice, are by far the most influential and important, with the ultimate goal being an escape from the state of nature. The first law states that we should seek peace, and if we cannot attain it, to use the full force of war. Directly building off of the first law’s mandate to seek peace is the second law that states that we should lay down our rights of nature and form social contracts, if others are willing to as well. From this springs forth the concept of the covenant, in which men can transfer their rights of nature between each other and which forms the basis of moral obligation. With the enactment of each of these laws, which act as impediments towards the full use of an individual’s right of nature, an individual will trade a piece of their right of nature in order to promote cooperation between others. According to Hobbes, these two are not enough to keep human kind from betraying one another. There needs to be another layer of control. This is where the third law comes in to fully form the concept of justice. The third law simply states that men need to perform their valid covenants, which becomes Hobbes’ definition of justice. From this, injustice is defined as not performing your valid covenants. As can be seen by this, with one law building off of another, it is quite clear that Hobbes put great effort into creating a full representation of the world in order to support his political doctrine. Thus, in order to understand Hobbes’ reasoning for his concept of justice, this paper will elaborate on how Hobbes’ laws of nature are rules that every human being should follow in order to give them the best chance of living well as well as investigating the full requirements of justice and Hobbes’ claim that there is neither injustice nor justice in a state of nature. Finally, while Hobbes wove his concepts of the state of nature, the laws of nature and justice into an extremely tight web through the Euclidean method, I argue that his account for justice is too weak to account for social atrocities such as slavery, religious discrimination, animal cruelty, genocide and murder and thus it is my intent to show that his account of justice is inadequate.
In sophisticated prose, Hobbes manages to conclude that human beings are all equal in their ability to harm each other, and furthermore that they are all capable of rendering void at will the covenants they had previously made with other human beings. An absolutist government, according to Hobbes, would result in a in a society that is not entirely focused on self-preservation, but rather a society that flourishes under the auspices of peace, unity, and security. Of all the arguably great philosophical discourses, Hobbes in particular provides one of the surest and most secure ways to live under a sovereign that protects the natural liberties of man. The sovereign government is built upon the idea of stability and security, which makes it a very intriguing and unique government indeed. The aforementioned laudation of Hobbes and his assertions only helps to cement his political theories at the forefront of the modern
Hobbes explanation of the state and the sovereign arises from what he calls “the State of Nature”. The State of Nature is the absence of political authority. There is no ruler, no laws and Hobbes believes that this is the natural condition of humanity (Hobbes 1839-45, 72). In the State of Nature there is equality. By this, Hobbes means, that there is a rough equality of power. This is because anyone has the power to kill anyone (Hobbes 1839-45, 71). Hobbes argues that the State of Nature is a violent, continuous war between every person. He claims that the State of nature is a state of w...
These are the reasons that I felt reading Hobbes' Leviathan could help me gain some understanding and insight into these issues. Hobbes' Leviathan: Analysis of its Impact on the Framing of our Democracy Thomas Hobbes' Leviathan, written against the backdrop of the horrors of the English Civil War, in the mid 1600's, is a discussion about the principles of man's basic need for peace, unity, and security, in both nature and civilization. Essentially arguing in favor of a sovereign monarchy, Hobbes writes in such a manner as to present these basic principles so they could apply to any political system, including that of a democracy. To achieve this, Hobbes presents several questions in this novel. What kind of being is man? What is the nature of man? What comprises a commonwealth that can successfully govern man? These are the pivotal questions presented in Hobbes' Leviathan. According to Hobbes, man is a creation of God not dissimilar to that of man manufacturing watches. Both have moving parts; a spring or heart to keep them alive, strings or nerves to hold them together, and wheels or joints to give motion to the whole body. But it is more than just this that Hobbes says makes up man. Man has, or at least should have sense, imagination, speech, and reason. Sense is an instrument for conception in man's mind. Without the senses, man cannot see the "Representation or Appearance of quality" (85). Imagination is the remembering of things once perceived by the senses, and the ability to compound different memories into one, as with compounding the sight of a man and a horse into that of a Centaur. Speech by far is "The most noble and profitable of all inventions", for speech is the means "Whereby men register th...
����������� Thomas Hobbes is an important political and social philosopher. He shares his political philosophy in his work Leviathan. Hobbes begins by describing the state of nature, which is how humans coped with one another prior to the existence of government. He explains that without government, �the weakest has the strength to kill the strongest� (Hobbes 507). People will do whatever it takes to further their own interests and protect their selves; thus, creating a constant war of �every man against every man� (Hobbes 508). His three reasons for people fighting amongst each other prior to government include �competition,� �diffidence,� and �glory� (Hobbes 508). He explains how men fight to take power over other people�s property, to protect them selves, and to achieve fame. He describes life in the state of nature as being �solitary, poor, nasty, brutish, and short� (Hobbes 508). Hobbes goes on to say that if men can go on to do as they please, there will always be war. To get out of this state of nature, individuals created contracts with each other and began to form a government.
A state of nature is a hypothetical state of being within a society that defines such a way that particular community behaves within itself. English philosopher Thomas Hobbes proclaimed that, “A state of nature is a state of war.” By this, Hobbes means that every human being, given the absence of government or a contract between other members of a society, would act in a war-like state in which each man would be motivated by desires derived solely with the intention of maximizing his own utility.
Hobbes’ Leviathan and Locke’s Second Treatise of Government comprise critical works in the lexicon of political science theory. Both works expound on the origins and purpose of civil society and government. Hobbes’ and Locke’s writings center on the definition of the “state of nature” and the best means by which a society develops a systemic format from this beginning. The authors hold opposing views as to how man fits into the state of nature and the means by which a government should be formed and what type of government constitutes the best. This difference arises from different conceptions about human nature and “the state of nature”, a condition in which the human race finds itself prior to uniting into civil society. Hobbes’ Leviathan goes on to propose a system of power that rests with an absolute or omnipotent sovereign, while Locke, in his Treatise, provides for a government responsible to its citizenry with limitations on the ruler’s powers.
In Leviathan, Hobbes states that a state of war will ensue that will put every man against himself. Eventually the state of war will lead the people towards peace and the only way to achieve the peace is through social contract. Hobbes continues further saying, social peace and civil unity are best achieved through the establishment of a commonwealth through a social contract. This social contract insists that a sovereign power be granted absolute power to protect the commonwealth. This sovereign power will be able to control the powers of human nature because its whole function is to protect the common man.