PL EN


Journal
2004 | 37 | 249-267
Article title

NORMATIVITY IN HOBBES' CONCEPTION OF LAW

Authors
Title variants
Languages of publication
PL
Abstracts
EN
The paper concerns conception of law presented in Hobbes' 'Leviathan'. The author argues that for Hobbes the ultimate source of the binding force (normativity) of law is the sovereign's will, and reasons for that are 'technical'. The sovereign creates laws, because he is a representative of the state ('moral' or 'artificial' person) which is the real author of the law. However, the existence of the state is dependent on its members' will expressed in the social contract which Hobbes describes in terms of laws. The contract, however, needs background norms to bind its parties. Thus the social contract also cannot be the basis of normativity of the law, although it could be the cause of its being in force. Instead, the source of the binding force of the law is, in Hobbes' view, the law of nature. This law is unchangeable, eternal, autonomous, and rationally knowable.
Keywords
Contributors
author
  • S. Szymanski, Uniwersytet Warszawski, ul. Krakowskie Przedmiescie 26/28, 00-927 Warszawa, Poland
References
Document Type
Publication order reference
Identifiers
CEJSH db identifier
05PLAAAA0039955
YADDA identifier
bwmeta1.element.201db781-1e13-3abf-88a1-b82aec4c8c39
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