Patricia Springborg

Why would someone concerned with heresy, who defined it as private opinion that flew in the face of doctrine sanctioned by the public person, harbor such a detailed interest in heterodoxy? Hobbes's religious beliefs ultimately remain a mystery, as perhaps they were meant to: the private views of someone concerned to conform outwardly to what his church required of him, and thereby avoid to heresy, while maintaining intellectual autonomy. The hazard of Hobbes's particular catechism is that he and his supporters could never avoid the suspicion of insincerity. His preparedness to believe whatever the prince demanded of him smacked of heresy in the more usual sense, despite elaborate biblical exegesis designed to prove his orthdoxy. Undoubtedly he realized it even as he wrote the last lines of Leviathan, expressing the hope that "I cannot think it will be condemned at this time, either by the Publique Judge of Doctrine, or by any that desires the continuance of Publique Peace/7 Indicating an intention to return to science, he continued, "I hope the Novelty will as much please, as in the Doctrine of this Artificiall Body it useth to offend" (Lev, Rev. and Conclusion, 491).

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,

Malcolm’s English-Latin Leviathan is a marvelous technical accomplishment. My issues are with his contextualization, seeing Leviathan primarily as an advice book for Hobbes’s teenage pupil, the future Charles II. Malcolm’s localization involves minimalizing Leviathan's remoter sources, so the European Republic of Letters, for which Hobbes so painstakingly translated his works into Latin, is almost entirely missing, along with current European traditions of Hobbes scholarship. Is this very British Hobbes truly credible, or do we need a more European Hobbes to account for the complexity of Leviathan?

ABSTRACT: Hobbes belonged to philosophical and scientific circles grappling with the big question at the dawn of modern physics: materialism and its consequences for morality. ‘Matter in motion’ may be a core principle of this materialism but it is certainly inadequate to capture the whole project. In wave after wave of this debate the Epicurean view of a fully determined universe governed by natural laws, that nevertheless allows to humans a sphere of libertas, but does not require a creator god or teleology to explain it, comes up against monotheism and its insistence on the incoherence of an ordered world in the absence of a God and his purposes. The following questions were central to this debate: Can we understand the universe as law-governed in the absence of a god? If so, what room is there in a fully determined mechanical universe for human freedom? If humans do enjoy freedom, does the same hold for other animals? Is this freedom compatible with standard views of morality?

Attention has turned from Hobbes the systematic thinker to his inconsistencies, as the essays in the Hobbes symposium published in the recent volume of Political Theory suggest. Deborah Baumgold, in “The Difficulties of Hobbes Interpretation,” shifted the focus to “the history of the book,” and Hobbes’s method of serial composition and peripatetic insertion, as a major source of his inconsistency. Accepting Baumgold’s method, the author argues that the manner of composition does not necessarily determine content and that fundamental paradoxes in Hobbes’s work have a different provenance, for which there are also contextual answers. Hobbes was a courtier’s client, but one committed early to a materialist ontology and epistemology, and these commitments shackled him in treating the immediate political questions with which he was required to deal, leading to systemic paradoxes in his treatment of natural law, liberty, authorization, and consent.

Hobbes's Leviathan transformed forever the meaning of the term, long debated by Biblical commentators. Alternatively, in the Book of Job chapter 41, a great chthonic beast, or Lucifer?like ?King of all the Children of Pride?, Leviathan for Hobbes was a figure for the modern state. Recent work by Quentin Skinner and Noel Malcolm treats Leviathan as in part a story about representation. But by juxtaposing the thesis of Carl Schmitt, juridical architect of the Third Reich, and author if his own startling Leviathan, which reads the Biblical Beast as representing the state as demonic machine, we see not only Hobbes's purpose in invoking the God of fear, but also how it served as a self?fulfilling prophecy

ABSTRACT: Why would someone concerned with heresy, who defined it as private opinion that flew in the face of doctrine sanctioned by the public person, harbor such a detailed interest in heterodoxy? Hobbes's religious beliefs ultimately remain a mystery, as perhaps they were meant to: the private views of someone concerned to conform outwardly to what his church required of him, and thereby avoid to heresy, while maintaining intellectual autonomy. The hazard of Hobbes's particular catechism is that he and his supporters could never avoid the suspicion of insincerity. His preparedness to believe whatever the prince demanded of him smacked of heresy in the more usual sense, despite elaborate biblical exegesis designed to prove his orthdoxy. Undoubtedly he realized it even as he wrote the last lines of Leviathan, expressing the hope that "I cannot think it will be condemned at this time, either by the Publique Judge of Doctrine, or by any that desires the continuance of Publique Peace/7 Indicating an intention to return to science, he continued, "I hope the Novelty will as much please, as in the Doctrine of this Artificiall Body it useth to Offend" (Lev, Rev. and conclusion, 491).

Among the paradoxical aspects of Hobbes's scepticism attention has recently turned to Hobbes's fool of Leviathan , chapter xv, where Hobbes makes a claim about justice that paraphrases Psalm 52:1: "The fool hath said in his heart there is no God." It is a charge of which Hobbes himself could be suspected, but in fact we see that it is on this startling claim that his legal positivism rests. Moreover it is embedded in a theory of natural law that Hobbes inherited from the late scholastics and that he shares in common with Grotius as a practical solution to the problem of scepticism. Indeed, the fool is not even honoured with the designation "sceptic." He is simply dumb, stultus , one of the mindless mob, or those led astray by priests. Hobbes's treatment of the fool as stultus is Epicurean, as we see in the Historia Ecclesiastica , where he gives the topos special attention, and Epicureanism helps us solve the puzzle of the fool

This essay advances the following set of arguments: First, that we must take seriously Hobbes's claim in Behemoth that "the science of just & unjust" is a demonstrable science, accessible to those of even the meanest capacity. Second, that Leviathan is the work in which this science, intended as a serious project in civic education, is set out. Third, that Hobbes is prepared to accept, like Plato & Aristotle, "giving to each his own," as a preliminary definition of justice, from which however, he draws some very un-Aristotelian conclusions. Fourth, that though in Hobbes's theory "just & unjust" are equivalent of "lawful & unlawful," this is far from being a simple statement of legal positivism, but rather the conclusion of a practical syllogism. Fifth, that the impediments to this demonstrable science of justice being universally accepted, on Hobbes's account, are twofold, explained in terms of religion & the role of preachers & educators produced by the universities, on the one hand, & by the activity of "democratical gentlemen" & classical republicans dominating parliament, on the other. Sixth, that Hobbes's account of the transition from jus to lex, specified in terms of a transition from the state of nature to that of civil society, although Epicurean in origin, is much closer to a conventional civil law position. Adapted from the source document.