Patricia Springborg

Philosopher, theologian, educational theorist, feminist and political pamphleteer, Mary Astell was an important figure in the history of ideas of the early modern period. Among the first systematic critics of John Locke's entire corpus, she is best known for the famous question which prefaces her Reflections on Marriage: 'If all men are born free, how is it that all women are born slaves?' She is claimed by modern Republican theorists and feminists alike but, as a Royalist High Church Tory, the peculiar constellation of her views sits uneasily with modern commentators. Patricia Springborg's study addresses these apparent paradoxes, recovering the historical and philosophical contexts to her thought. She shows that Astell was not alone in her views; rather, she was part of a cohort of early modern women philosophers who were important for the reception of Descartes and who grappled with the existential problems of a new age.

The debate over democracy in recent years has resumed where Schumpeter left it, on the question whether democracy constitutes a phenomenon in its own right with the full range of conceptual, economic and institutional apparatuses, or whether democracy is rather a method or set of techniques which can be applied in widely different political contexts to regulate the struggle for power. Marx, who wrote a paean to democracy as a unique constitutional form, ’the essence’ of the political, in his Critique of Hegel’s ’Philosophy of Right, turned in his last days to an historical analysis of the emergence of democracy out of primordial society characterized by the rule of family, clan and tribe. Marx’s various reflections throughout his life on the historical emergence of the polis and the way in which the modern world lay concealed in the heart of the ancient community have important implications for the question whether or not we delude ourselves in thinking that democracy as a modern programme bears any relation to that extraordinary epoch in the history of western civilization.

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

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,