Michael Sevel

This volume brings together many of the world¿s leading theorists of free will and philosophers of law to critically discuss the ground-breaking contribution of David Hodgson¿s libertarianism and its application to philosophy of law. The book begins with a comprehensive introduction, providing an overview of the intersection of theories of free will and philosophy of law over the last fifty years. The eleven chapters collected together divide into two groups: the first five address libertarianism within the free will debate, with particular attention to Hodgson¿s theory, and in Part II, six contributors discuss Hodgson¿s libertarianism in relation to issues not often pursued by free will scholars, such as mitigation of punishment, the responsibility of judges, the nature of judicial reasoning and the criminal law process more generally. Thus the volume¿s importance lies not only in examining Hodgson¿s distinctive libertarian theory from within the free will literature, but also in considering new directions for research in applying that theory to enduring questions about legal responsibility and punishment.¿

ABSTRACTWhat is it to obey the law? What is it to disobey? Philosophers have paid little attention to these questions. Yet the concepts of obedience and disobedience have long grounded many perennial debates in moral, legal, and political philosophy. In this essay, I develop systematic accounts of each concept. The Standard View of obedience—that to obey the law is to act for a certain sort of reason provided by the law—has long been taken for granted. I argue against this and other views of obedience, and develop an account of the knowledge and intention required in acts of obedience. I then develop a symmetrical account of the disobedience involved in acts of civil disobedience. The purpose of the essay is to develop a more systematic understanding of these concepts, in order to identify more precisely what is at stake in debates of political obligation, civil disobedience, and the authority of law.

One of the central claims of Larry May’s Limiting Leviathan (Oxford University Press, 2013) is that Hobbes’s theory of law is best understood as a kind of “procedural natural law” theory akin to the one developed by Lon Fuller in the mid-twentieth century. May’s interpretation of Hobbes suggests at least two different views of the role of equity as a constraint on legal validity; neither of them bears any important affinities with Fuller’s theory. May however makes a stronger case that Hobbes and Fuller share broadly similar views about how and why citizens have an obligation to obey the law; the affinities between the two are therefore found in their theories of political obligation rather than in their theories of law.