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Thomas Hobbes: Writings on Common Law and Hereditary Right (Paperback)
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Thomas Hobbes: Writings on Common Law and Hereditary Right (Paperback)
Series: Clarendon Edition of the Works of Thomas Hobbes
Expected to ship within 12 - 17 working days
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This volume in the Clarendon Edition of the Works of Thomas Hobbes
contains A dialogue between a philosopher and a student, of the
common laws of England, edited by Alan Cromartie, supplemented by
the important fragment on the issue of regal succession, "Questions
relative to Hereditary Right," discovered and edited by Quentin
Skinner.
The former work is the last of Hobbes's major political writings.
As a critique of common law by a great philosopher, it should be
essential reading for anybody interested in English political
thought or legal theory. Although it was written when Hobbes was at
least eighty, it is a lively piece of work that goes beyond a
recapitulation of earlier Hobbesian doctrines, not least in
applying his central ideas to the details of the English
constitution. This edition supplies the extensive annotation on
matters of legal and historical detail that is required by
non-specialist readers; it also assists students by offering
cross-references to other treatises. Cromartie's introduction is an
authoritative account of seventeenth-century thinking about the
common law and of Hobbes's shifting attitudes towards it. It has
often been suspected that the book was motivated by fear of being
burned for heresy. Cromartie disentangles the complex evidence
(scattered across a number of late works) that documents this
fear's development, and shows why the philosopher's acute anxieties
eventually led him to write a legal treatise. In clarifying these
questions, the edition casts fresh light upon his attitude to law
and sovereignty.
The second piece takes the form of a question put to Hobbes about
the right of succession under hereditary monarchies, together
withHobbes's response. The question is in the handwriting of the
fourth Earl of Devonshire, the son of the third Earl, whom Hobbes
had tutored in the 1630s. He asks Hobbes whether an heir can be
excluded if he is incapable of protecting his prospective subjects.
The question of "exclusion" became the most burning issue in
English politics in the course of 1679, when a bill to exclude the
future James II was introduced into the House of Commons. Hobbes
answers with a robust defence of hereditary right, in the course of
which he also makes some important general observations about the
concept of a right. The manuscript is also of special interest as
it constitutes Hobbes's last word on politics. It was almost
certainly written in the summer of 1679, less than six months
before Hobbes's death.
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