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An Analysis of Hobbes’s Legal Thought

Author: XuPan
Tutor: LiXiaoPing
School: Xiangtan University
Course: Legal Theory
Keywords: Hobbes Natural rights Natural state Natural Law National sovereignty
CLC: D909.561
Type: Master's thesis
Year: 2010
Downloads: 89
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Abstract


Hobbes as a great thinker of the 17th century British legal thinking an important position in the whole of Europe and the world are self-evident. His theory of human nature as the starting point, based on the natural rights and natural state groundbreaking argued generation and the state of the inevitability of the social contract, in order to build the core of its legal concept: nationalism. Likewise, Hobbes sought a different research path, he modeled on the natural sciences, research methods, and to explore a logical method of legal argumentation, natural science, political philosophy, and citizen science organically integrated as one of the three. Hobbes also highly controversial in the history of most people in the traditional Hobbes as a representative figure of the modern natural law, was also identified Hobbes is the co-founder of legal positivism, these claims can not be fully and accurately grasp the the Hobbes legal thinking. Innovative legal concept and the two sides is the significance of this study lies. The text is divided into three parts, in the account of the research purpose, materials and methods, the first chapter of Hobbes legal concept of social background, natural science foundation and ideological origins, and thus that the creation of Hobbes is not in an environment with a strong academic atmosphere, exactly, his philosophical and political thought in the UK and Europe reflect social reality to some extent. Hobbes inherited humanist thought and some of the arguments of Machiavelli, draws a convincing reason and the way science to seek for their own citizens on the basis of the new methodology of natural science. Next the second chapter combing Hobbes legal concept, demonstrated their thoughts by the process of transformation of the natural law to positive law. Starting from the theory of human nature, so natural rights, the immediately formed natural state, as well as the final form of national, reveals the core philosophy of Hobbes supremacy of state sovereignty. The last chapter is the evaluation of the of Hobbes legal concept, his view of the law has two sides to the characteristics of modern natural law concept, on the one hand, Hobbes elaborate live before the national situation. On the other hand, in order to give this anarchy to put an end to, he turned to change the first sovereign to provide the basis and guarantee for the country with the point of view of legal positivism. We can say that he is both the founder of the modern natural law, is the pioneer of legal positivism. Hobbes is great, although the legal concept is not perfect, but he has played throughout the history of legal thought the role of the past and the times, and his contributions will always be the people of the world can not be copied.

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CLC: > Political, legal > Legal > Theory of law (Law) > History of law,legal history of ideas
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