Hobbes IV

1. Hobbes IV PHIL 2345 2008-09

2. News alert!texts in modern translation: http://www.earlymoderntexts.com:80/

3. Men Competitive individualists seek ‘Power’ for now and for future—includes ‘conjugal’ care Contentious Can speak Distinguish b/w injury and damage Artificial agreement: covenant. Bees, Ants work for common good Common good = private good Cannot dispute/speak Cannot distinguish b/w injury and damage Natural agreement Men vs Social animals (ch. 17, 94-5)

4. Conditions of Compact: • Unconditional covenant of every one w/ every one: • 'This is more than Consent, or Concord; it is a reall Unitie of them all, in one and the same Person, made by Covenant of every man with every man ...‘ (ch. 17). • no free riders —what is a free rider? • citizens who do not want to pay taxes, yet want benefits of public spending; • wannabe free riders remain in SoW (ch. 18, 98).

5. Formula of authorisation • ‘I Authorise and give up my right of Governing my selfe, to this Man or to this Assembly of men, on this condition, that thou give up thy Right to him, and Authorise all his actions in like manner’ (ch. 17; 96). • This authorisation is unconditional: • you do not have the option of consenting to some actions of the Sovereign and not others.

6. Agency • Sovereign acts as agent of all: • ‘every one to ... acknowledge himselfe to be Author of whatsoever he that so beareth their Person, shall Act’ • Majority = voice of multitude (ch. 16). • Sovereign acts for ‘the Common Peace and Safetie’.

7. Common-wealth • ‘…the Multitude so united is called a COMMON-WEALTH…This is the generation of that great LEVIATHAN, or rather…of that Mortall God, to which we owe…our peace and defence’ (ch. 17; 96) • One will (intention, strategy, programme) forged out of many; • the common good—internal peace and defense against external enemies--can now be secured; • The will of the sovereign is a key political concept for Hobbes and Rousseau.

8. What is Leviathan? • A sea monster representing evil and the forces of chaos (The Bible, Job, 13-29): • Many-headed, scaly, fire-breathing; • Why would Hobbes select this for the title? • ‘that great Leviathan, called a commonwealth or state (in Latin civitas) which is but an artificial man…and in which the sovereignty is an artificial soul’. • ‘a real unitie of them all’ (ch. 17, 96).

9. Hobbes’s Sovereign, or ‘Leviathan’

10. Duress • Duress allowed? Yes! • natural law permits covenants concluded on the basis of fear: 'Covenants entred into by fear, in the condition of meer Nature, are obligatory' and enforced by fear of reprisal (ch. 14; also ch. 18) • E.g. agreeing to pay a ransom—it is a ‘Contract’, life in exchange for money; ‘bound to pay it until Civill Law discharge me’; • Sovereign may use force to enforce the compact: • 'Covenants without the Sword, are but Words (93)‘; • men require ‘a Common Power, to keep them in awe, and to direct their actions to the Common Benefit’ (ch. 17) • Tacit agreement signalled by entering the Assembly (ch. 18).

11. Character of the Sovereign • Sovereign = Artificial Man (see ch. 16) • ‘A Multitude of men are made One Person, when they are by one man, or one Person, Represented • Can also authorise an assemby of men as sovereign (see below) • Multitude = multiple authors of what representative does • Sovereign = reduction of multiple wills to • ‘one Man, or ... one Assembly of men, that may reduce all their Wills, by plurality of voices, unto one Will...to appoint one man, or Assembly of men, to beare their Person’ (ch. 17);

12. Sovereign power (ch. 18) • Each subject is author of what Sovereign does (Rousseau shares this doctrine) • Hence Sovereign cannot breach the Covenant (97); • No subject may be freed from obligation to obey; • No man who has Sovereign power may be put to death (against regicide of Charles I, 1649) • Agreement of each with each other, not of each with Sovereign— • no conditional Kingship or Sovereignty—the Sovereign may do whatever is necessary to keep the peace and provide defense; • Free riders not allowed; tacit consent (98). • New covenant not allowed (97).

13. Sovereign’s ‘essential and inseparable’ rights (ch. 18): • conduct censorship, inhibit free speech as necessary: • no right to free speech as in U.S. Constitution, HK Basic Law; • Establishes ‘propriety’—i.e. civil laws; • Power of purse, coining money; • Monopoly of force • Assigns honors, rewards • e.g. medals, knighthoods, titles of nobility) • why important? • Imposes punishments • Inseparably b/c otherwise civil war may break out.

14. Hobbes’ condemnation of division of powers (ch. 18, 101) • Roman republic: Consuls, tribunes, Senate • British constitution in Hobbes’ time: • King, Lords, Commons • U.S. Constitution: • ‘Power of purse’ belongs to House of Reps. • Ratification of treaties, approval of Cabinet posts—Senate • Conduct of foreign policy—President • In practice, there is some blurring of these powers, but even this would not satisfy Hobbes • Hobbes: • no division of powers; • Sovereign—one man or assembly--must hold them all.

15. Absolute power—does it corrupt? • Any regime is going to be faulted • The alternative—War—is far worse: • ‘..the estate of Man can never be without some incommodity or other; and that the greatest, that…can possibly happen…that accompany a Civill Warre; or that dissolute condition of masterlesse men, without subjection to Lawes, and a coercive Power to tye their hands from rapine, and revenge…’ (ch. 18, 102).