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Limiting Leviathan - Hobbes on Law and International Affairs (Paperback)
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Limiting Leviathan - Hobbes on Law and International Affairs (Paperback)
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Thomas Hobbes wrote extensively about law and was strongly
influenced by developments and debates among lawyers of his day.
And Hobbes is considered by many commentators to be one of the
first legal positivists. Yet there is no book in English that
focuses on Hobbes's legal philosophy. Indeed, Hobbes's own book
length treatment of law, A Dialogue Between a Philosopher and a
Student of the Common Laws of England, has also not received much
commentary over the centuries. Larry May seeks to fill the gap in
the literature by addressing Hobbes's legal philosophy directly,
and comparing Leviathan to the Dialogue, as he offers a new
interpretation of Hobbes's views about the connections among law,
politics, and morality. May argues that Hobbes is much more
amenable to moral, and even legal, limits on the law-indeed closer
to Lon Fuller than to today's legal positivists-than he is often
portrayed. He shows that Hobbes's views can provide a solid
grounding for the rules of war and international relations
generally, contrary to the near universal belief that Hobbes is the
bete noir of international law. To support these views, May holds
that Hobbes places greater weight on equity than on justice, and
that understanding the role of equity is the key to his legal
philosophy. Equity also is the moral concept that provides
restrictions on what a sovereign can legitimately do, and if
violated is the kind of limitation on sovereignty that could open
the door for possible international institutions.
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