Was Hobbes a legal positivist?

Article Abstract:

Hobbes's theory of civil law is much closer to natural law theory than to legal positivism, although some recent commentators have classified him as a positivist. Legal positivism holds that legality is separate from morality, whereas natural law theory maintains that to be legally valid a norm must conform to a body of natural law that is discernible by human reason. Hobbes took the position that a subject is not obligated to obey commands that conflict with the right to self-preservation. The main difference between Hobbes's theory and Aquinas's account of natural law is that Hobbes recognizes only self-preservation as a natural good.

United Kingdom, Natural law, Legal positivism

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Two links of law and morality

Article Abstract:

Two links between law and morality, at least in modern Western societies, are developed from broader claims made by Lon Fuller and Philip Soper. From Fuller comes the idea that procedural requirements of law, which involve treating individuals as sources of strong moral claims, constrain the ability of government to act immorally. From Soper, the suggestion is derived that a claim to be just is a necessary aspect of modern legal systems.

Political ethics

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Hobbesian public reason

Article Abstract:

Thomas Hobbes believed social conflict could be best solved through an absolute ruler, and David Gauthier suggested limiting the scope and content of that authority. However, the best solution to the misuse of Hobbesian authority is by appealing to public principles. All members of a society would agree to uphold these principles, thus avoiding the dilemma implicit in Hobbes's argument and the regression of Gauthier's argument.

Political aspects, Social conflict, Authority, Principle (Philosophy), Reason, Gauthier, David

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