Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 1 Etyka (Ethics)

Years help

  1. 1 2004

Authors help

  1. 1 Szymanski S.

Results found: 1

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

NORMATIVITY IN HOBBES' CONCEPTION OF LAW

100%
Szymanski S.
Etyka (Ethics)
|
2004
|
issue 37
249-267
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.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.