- The Oxford Handbook of Hobbes
- Hobbes on Logic, or How to Deal with Aristotle’s Legacy
- Hobbes on Language: Propositions, Truth, and Absurdity
- Hobbes’s Mathematical Thought
- Natural Philosophy in Seventeenth-Century Context
- Hobbes on the Foundations of Natural Philosophy
- The Most Curious of Sciences: Hobbes’s Optics
- Hobbes on Liberty, Action, and Free Will
- Reason, Deliberation, and the Passions
- The State of Nature
- Hobbes on the Family
- Natural Law
- Political Obligation
- Authorization and Representation in Hobbes’s <i>Leviathan</i>
- Hobbes (and Austin, and Aquinas) on Law as Command of the Sovereign
- The Sovereign
- Hobbes and Absolutism
- Sovereign Jurisdiction, Territorial Rights, and Membership in Hobbes
- Hobbes and the Social Control of Unsociability
- Hobbes and Religion Without Theology
- Hobbes, Conscience, and Christianity
- Christianity and Civil Religion in Hobbes’s <i>Leviathan</i>
- Thomas Hobbes’s Ecclesiastical History
- Hobbes’s Thucydides
- Making History: The Politics of Hobbes’s Behemoth
- Hobbes on the Nature and Scope of Poetry
- Hobbes and Paradox
Abstract and Keywords
Both Thomas Hobbes and John Austin identify civil law with commands issued by a sovereign; thus it is common to think of Austin’s theory of law as closely continuous with Hobbes’s view. Yet this “command of the sovereign” formulation masks deep differences between Hobbes and Austin, not only in their understandings of command and sovereign but also in the commitments that gave rise to their offering theories of law formulated in these terms. Nor is it correct to think that innovations in Hobbes’s conception of law paved the way for Austin’s more full-blown legal positivism: Hobbes’s jurisprudence is, in fundamentals, closely akin to Thomas Aquinas’s natural law jurisprudence. The idea that Hobbes and Austin are jurisprudential allies ought to be abandoned.
Mark C. Murphy is McDevitt Professor of Religious Philosophy at Georgetown University. He works in moral, political, and legal philosophy and is the author of Natural Law and Practical Rationality (Cambridge, 2001), An Essay on Divine Authority (Cornell, 2002), Philosophy of Law (Blackwell, 2006), Natural Law in Jurisprudence and Politics (Cambridge, 2006), and God and Moral Law (Oxford, 2011).
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