Was Hobbes a Legal Positivist  

Oleh:

Murphy, Mark C.

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Ethics: An International Journal of Social Political and Legal Philosophy vol. 105 no. 4 (Jul. 1995), page 846-873.
Topik: Civil Law; Teori Hobbes; Aquinas's

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Perpustakaan Pusat (Semanggi) Nomor Panggil: EE44.2 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Hobbes’s theory of civil law is historically situated in a jurisprudential no-man’s-land. The era in which natural law accounts of civil law had enjoyed almost complete dominance had passed; the era in which legal positivism was to receive widespread support had not yet arrived. Recent commentators on Hobbes, however, have asserted without qualification that Hobbes should be counted an adherent of legal positivism. In this article I will challenge this reading of Hobbes’s theory of civil law, arguing that Hobbes’s theory is much more akin to earlier natural law accounts than to later positivist views. Such an examination of Hobbes’s account of law is worthwhile not merely for the sake of placing Hobbes’s theory in the proper historical pigeon-hole. Rather, examining a theory that on its face may seem to deviate from typical natural law theories will enable us to gain a clearer understanding of the structure of natural law accounts of civil law.

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