Authorization and the Right to Punish in Hobbes

This article answers questions about the consistency, coherence, and motivation of Hobbes's account of the right to punish. First, it develops a novel account of authorization that explains how Hobbes could have consistently held both that the subjects do not give the sovereign the right to punish and also that they authorize the sovereign to punish. Second, it shows that, despite appearances, the natural and artificial elements of Hobbes's account form a coherent whole. Finally, it explains why Hobbes thought it was important to establish the sovereign's right to punish apart from the sovereign's power to punish.     

The Theological Foundation of Hobbesian Physics: A Defence of Corporeal God

In 1668, the octogenarian Hobbes finally affirmed openly a doctrine that was unavoidable given his longstanding embrace of both theism and materialism: God is corporeal. However, this doctrine has generally been downplayed or dismissed by scholars, who have alleged that Hobbes's corporeal theism is irreconcilable with his more orthodox theological pronouncements or with his fundamental metaphysical principles. This paper defends the coherence of Hobbes's corporeal God against particularly vigorous criticisms of Douglas Jesseph and others. The aim of the paper is not, however, to situate Hobbes's deity safely within the boundaries of seventeenth century protestant theology, as defenders of Hobbesian theism have often wanted to do. Rather, the paper places the corporeal God at the metaphysical foundations of Hobbes's natural philosophy. Despite his early reticence about theological speculation, Hobbes eventually relied on God to provide a continuous, resistance-free source of motion or conatus to a material plenum whose parts would otherwise quickly slow to an infinitesimal crawl. Hobbes's late theology, while certainly heterodox in content, is not so different in function from that of contemporaries like René Descartes and Henry More, whose religious sincerity is rarely questioned. Hobbes' corporeal deity deserves a place in the seventeenth century pantheon.     

Longuenesse on Kant and the Priority of the Capacity to Judge

'Hobbes and the Imitation of God' ( Inquiry , 44, 223-6) is Eric Brandon's criticism of my article, 'Thomas Hobbes and the Constraints that Enable the Imitation of God' ( Inquiry , 42, 149-76). Brandon's criticisms are rooted in a misunderstanding of what is argued. Observations made concerning Hobbes's claims about prudence - a form of thinking Hobbes distinguishes from philosophic practice - are erroneously described by Brandon as a part of arguments concerning Hobbes's claims about philosophy. Brandon's own account reaffirms a conventional interpretation by claiming that Hobbes envisioned philosophers discovering order, an interpretation challenged in the original argument. Hobbes privileged the creation of order over attempts to discover the order of the world, and this is reflected in his affinity for geometry over physics.     

Springs,Nitre, and Conatus. The Role of the Heart in Hobbes's Physiology and Animal Locomotion

This paper focuses on an understudied aspect of Hobbes's natural philosophy: his approach to the domain of life. I concentrate on the role assigned by Hobbes to the heart, which occupies a central role in both his account of human physiology (which he names ‘vital motion’) and of the origin of animal locomotion (‘animal or voluntary motion’). With this, I have three goals in mind. First, I aim to offer a cross-section of Hobbes's effort to provide a mechanistic picture of human life. Second, I aim to contextualize Hobbes's views in the seventeenth-century debates on human physiology and animal locomotion. In particular, I will compare Hobbes's views with the theories put forth by Harvey, Descartes, the Galenic, and Peripatetic traditions. Also, I will show that Hobbes was receptive to advances within contemporary English physiology and chemistry. Third, by means of a comparison with Descartes, I advance some hypothesis to explain why Hobbes indentified the heart, and not the brain (as was increasingly common in his day), as the organ originating animal locomotion. In this regard, I trace out some possible implications of Hobbes's views on human physiology and locomotion for his psychology and political philosophy.     

A reply to Mr. Dowling

This paper examines the interpretation of Hobbes as a political formalist which is developed by F. S. McNeilly in The Anatomy of Leviathan. McNeilly argues that Hobbes's demonstration of the necessity of political society is independent of Hobbes's particular view of man as an egotist bent at all costs on his own preservation. The first part of the argument of the paper uses techniques of decision theory and game theory to show that this argument which McNeilly ascribes to Hobbes is not valid. However, the argument which Hobbes is traditionally supposed to put forward is shown to be valid. The second part of the paper examines McNeilly's interpretation of the text of Leviathan and shows that he has insufficient grounds for supposing that Hobbes attempted to construct a purely formal science of politics.     

Hobbes's Challenge to Descartes,Bramhall and Boyle: A Corporeal God

This paper brings new work to bear on the perennial question about Hobbes's atheism to show that as a debate about scepticism it is falsely framed. Hobbes, like fellow members of the Mersenne circle, Descartes and Gassendi, was no sceptic, but rather concerned to rescue physics and metaphysics from radical scepticism by exploring corporealism. In his early letter of November 1640, Hobbes had issued a provocative challenge to Descartes to abandon metaphysical dualism and subscribe to a ‘corporeal God’; a provocation to which the Frenchman angrily responded, but was perhaps importantly influenced. Hobbes's minimal realism was consonant with atheism, to which Descartes felt he was being forced. Moreover, Hobbes was unrelenting in his battle against Cartesian dualism, for which he saw Robert Boyle's experimental science as a surrogate.     

The Wax and the Mechanical Mind: Reexamining Hobbes's Objections to Descartes's Meditations

Many critics, Descartes himself included, have seen Hobbes as uncharitable or even incoherent in his Objections to the Meditations on First Philosophy. I argue that when understood within the wider context of his views of the late 1630s and early 1640s, Hobbes's Objections are coherent and reflect his goal of providing an epistemology consistent with a mechanical philosophy. I demonstrate the importance of this epistemology for understanding his Fourth Objection concerning the nature of the wax and contend that Hobbes's brief claims in that Objection are best understood as a summary of the mechanism for scientific knowledge found in his broader work. Far from displaying his confusion, Hobbes's Fourth Objection in fact pinpoints a key weakness of Descartes's faculty psychology: its unintelligibility within a mechanical philosophy.     

Justice,Health, and Healthcare

Healthcare (including public health) is special because it protects normal functioning, which in turn protects the range of opportunities open to individuals. I extend this account in two ways. First, since the distribution of goods other than healthcare affect population health and its distribution, I claim that Rawls's principles of justice describe a fair distribution of the social determinants of health, giving a partial account of when health inequalities are unjust. Second, I supplement a principled account of justice for health and healthcare with an account of fair process for setting limits or rationing care. This account is provided by three conditions that comprise "accountability for reasonableness."     

HOBBES AND GAME THEORY REVISITED: ZERO‐SUM GAMES IN THE STATE OF NATURE

The aim of this paper is to critically review the game‐theoretic discussion of Hobbes and to develop a game‐theoretic interpretation that gives due attention both to Hobbes's distinction between “moderates” and “dominators” and to what actually initiates conflict in the state of nature, namely, the competition for vital goods. As can be shown, Hobbes's state of nature contains differently structured situations of choice, the game‐theoretic representation of which requires the prisoner's dilemma and the assurance game and the so‐called assurance dilemma. However, the “state of war” ultimately emerges from situations that cannot be described by any of these games because they represent zero‐sum games in which the outcome of mutual cooperation does not exist.     

JUST WAR THEORY,HUMANITARIAN INTERVENTION,AND THE NEED FOR A DEMOCRATIC FEDERATION

The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I consider Pogge's and Habermas's analyses as alternatives to Hobbesian conceptions of justice. Second, I consider the core conventions of international law, which are in tension with the primacy of state sovereignty in the UN system. Third, I argue that the just war tradition does not limit just causes for war to self‐defense; it supports saving innocent third parties from crimes against humanity as a just reason for war. While classical authors focused less on this issue, the point is especially clear in twentieth‐century just war theories, such as those offered by the American Catholic bishops, Jean Elshtain, Brian Orend, and Michael Walzer. Against Walzer, I argue that we add intractable military tyranny to the list of horrors meriting intervention if other ad bellum conditions are met. But these results require us to reexamine the “just authority” of first resort to govern such interventions. The Coordination Principle implies that we should create a transnational federation with consolidated powers in place of a treaty organization requiring near‐unanimity. But to be legitimate, such a global institution must also be directly answerable to the citizens of its member states. While the UN Security Council is inadequate on both counts, a federation of democracies with a directly elected executive and legislature could meet both conditions.     

DUTIES OF JUSTICE TO CITIZENS WITH COGNITIVE DISABILITIES

Abstract: Many social practices treat citizens with cognitive disabilities differently from their nondisabled peers. Does John Rawls's theory of justice imply that we have different duties of justice to citizens whenever they are labeled with cognitive disabilities? Some theorists have claimed that the needs of the cognitively disabled do not raise issues of justice for Rawls. I claim that it is premature to reject Rawlsian contractualism. Rawlsians should regard all citizens as moral persons provided they have the potential for developing the two moral powers. I claim that every citizen requires specific Enabling Conditions to develop and exercise the two moral powers. Structuring basic social institutions to deny some citizens the Enabling Conditions is unjust because it blocks their developmental pathways toward becoming fully cooperating members of society. Hence, we have a duty of justice to provide citizens labeled with cognitive disabilities with the Enabling Conditions they require until they become fully cooperating members of society.     

Hobbes's Theory of Rights – A Modern Interest Theory

The received view in Thomas Hobbes scholarship is that theindividual rights described by Hobbes in his political writings andspecifically in Leviathan are simple freedoms or libertyrights, that is, rights that are not correlated with duties orobligations on the part of others. In other words, it is usually arguedthat there are no claim rights for individuals in Hobbes's politicaltheory. This paper argues, against that view, that Hobbes does describeclaim rights, that they come into being when individuals conform to thesecond law of nature and that they are genuine moral claim rights, thatis, rights that are the ground of the obligations of others to forebearfrom interfering with their exercise. This argument is defended againstboth Jean Hampton's and Howard Warrender's interpretations of rights inHobbes's theory. The paper concludes that the theory of rightsunderlying Hobbes's writing is not taken from Natural Law but isprobably closer to a modern interest theory of rights.     

FEDERATIVE GLOBAL DEMOCRACY

Abstract: In this essay a set of principles is defended that yields a determinate allocation of sovereign competences across a global system of territorially nested jurisdictions. All local sovereign competences are constrained by a universal, justiciable human rights regime that also incorporates a conception of cross-border distributive justice and regulates the competence to control immigration for a given territory. Subject to human rights constraints, sovereign competences are allocated according to a conception of global democracy. The proposed allocation scheme can accommodate substantial local autonomy while at the same time ensuring that everyone has a voice in the political decisions that affect his or her interests. The relevant class of affected interests is fully specified. Relevant affects are of two kinds: those that impose norms of governance on individuals, and those that impose external costs on them. The favored sense of "an external cost" is developed and defended.     

Justice, health, and healthcare

Healthcare (including public health) is special because it protects normal functioning, which in turn protects the range of opportunities open to individuals. I extend this account in two ways. First, since the distribution of goods other than healthcare affect population health and its distribution, I claim that Rawls's principles of justice describe a fair distribution of the social determinants of health, giving a partial account of when health inequalities are unjust. Second, I supplement a principled account of justice for health and healthcare with an account of fair process for setting limits of rationing care. This account is provided by three conditions that comprise "accountability for reasonableness."     

Is Age Special? Justice,Complete Lives and the Prudential Lifespan Account

This article explores the problem of justice between age‐groups. Specifically, it presents a challenge to a leading theory in this field, Norman Daniels' Prudential Lifespan Account. The challenge relates to a key assumption that underlies this theory, namely the assumption that all individuals live complete lives of equal length. Having identified the roles that this assumption plays, the article argues that the justifications Daniels offers for it are unsatisfactory and that this threatens the foundation of his position, undermining his claim that ‘the fact that we all age’ makes age a special problem of distributive justice. This shows that the problem of justice between age‐groups is not special in the way Daniels proposes; rather it involves the same irreducibly interpersonal distributive decisions as other problems of justice. The consequences of this argument are several‐fold. Most importantly, it shows that the Rawlsian account of justice to which Daniels hopes to attach his theory to requires significantly greater benefits to be conferred on those in earlier age‐groups relative to those in later age‐group, not a distribution similar to simultaneous equality as Daniels proposes.     

A Conceptual Structure of Justice - Providing a Tool to Analyse Conceptions of Justice

Justice is a contested concept. There are many different and competing conceptions, i.e. interpretations of the concept. Different domains of justice deal with different fields of application of justice claims, such as structural justice, distributive justice, participatory justice or recognition. We present a formal conceptual structure of justice applicable to all these domains. We show that conceptions of justice can be described by specifying the following conceptual elements: the judicandum (that which is to be judged as just or unjust), the community of justice including claim holders and claim addressees, their claims (and obligations), the informational base for the assessment, the principles of justice, and on a more practical level, the instruments of justice. By specifying these conceptual elements of justice, it is possible to analyse and compare different conceptions of justice, to assess their internal consistency, to explore new definitions of justice in an analytical way, and to explicate an idea of justice in a manner that provides concrete links to the relevant context.     

The Implicit Argument for the Basic Liberties

Most criticism and exposition of John Rawls’s political theory has focused on his account of distributive justice rather than on his support for liberalism. Because of this, much of his argument for protecting the basic liberties remains under explained. Specifically, Rawls claims that representative citizens would agree to guarantee those social conditions necessary for the exercise and development of the two moral powers, but he does not adequately explain why protecting the basic liberties would guarantee these social conditions. This gap in his argument leads to two problems. First, the Rawlsian argument for the priority of liberty would fail if the gap could not be filled. His argument would still support the protection of individual freedoms, but these freedoms would be treated like other primary goods and regulated by the difference principle. Second, without a full argument, there is not sufficient reason to favor Rawls’s left-liberal conception of the basic liberties over a more right-leaning conception that would prioritize the protection of free-market rights. To address these two problems, this paper fills in the gap in order to better explain Rawls’s full argument for egalitarian liberalism.