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“To Obey and To Be Obeyed”
LiHui Li
All legal systems recognize, create, vary and enforce obligations; this isn’t an accident. Obligations are central to the social role of law and explaining them is necessary to an understanding of law’s authority and, therefore, its nature; these also include a moral obligation to obey. As a matter of course, throughout the human history, the subjects of a state had obeyed the sovereign power. But how does one acquire such an obligation, and how many people have really done what is necessary to acquire it? Human beings do not necessarily have a moral obligation to obey the sovereign. As the humans cultivate and evolve from wild animals to what we are – civilized beings, we still retain some basic animal instinct. One of the most important instincts is the love of freedom. As long as this one particular instinct is still intact, there won’t be an actual moral obligation to obey the commands of the sovereign. Thomas Hobbes, an English philosopher, who shows support to the absolutism for the sovereign. In his book, Leviathan, he goes on to explain the reasons for the creation of society and the legitimacy of the authority of the state over the individual. According to Hobbes,
Nature hath made men so equal, in the faculties of body, and mind;
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The difference of present day U.S. government compared to the old government is that the federal government now has the power to enforce the people to obey its laws through the departments such as the military and the police force. David Hume in his article, Of the Original Contract, go against the social contract of Thomas Hobbes by the fact that he thinks there is no conscious agreement between the sovereign and the people that creates the society and gives legitimate authority to the state over the people. According to
Thomas Hobbes believes that the optimal form of authority is one that has absolute power over its people, consisting of just one person who will retain the exclusive ability to oversee and decide on all of society’s issues. This Sovereign will be constituted by a social contract with the people. With that, the Sovereign will hold all of the citizens’ rights, and will be permitted to act in whichever way he or she deems necessary. The philosopher comes to this conclusion with deductive reasoning, utilizing a scientific method with straightforward arguments to prove his point.
Although Hobbes is a liberal thinker in some respects his ideas presented in the Leviathan resemble that of a monarchy. Hobbes asserts that the commonwealth can fall under three types of regimes “when the representative is one man, then it is the commonwealth a monarchy... assembly of all... a democracy... assembly of a part only... aristocracy” (L 19.1). However despite this, Hobbes proclaims that monarchic rule is superior since “the private interest is the same with the public” (L19.4). Hobbes posits that people within the state of nature require a Leviathan in order to rein since the state of nature is anarchic. He proposes that by forming a sovereign, the people must trade their innate and natural rights for safety and peace within the state otherwise they would have to submit to a life of “continual fear and danger of [a] violent death...solitary, poor, nasty, brutish and short” (L13.9). In his work Leviathan, Hobbes presents a system of government that is more of a principality than a republic in nature. However still the Leviathan does include some republican virtues. The following paragraphs will discuss Hobbes’ Leviathan and its resemblance to both republic and principality and finally conclude that the Leviathan does not differ from either governing style.
However, after closely examining Hobbes’ sovereign we can find many problems with it, the first one being his immunity from civil law. While he is still held accountable for actions such as punishing innocent citizens, his punishment comes God and not man. He abides by the law of nature and not the civil law enacted. But, what good does it do for the subjects in Hobbes’ version of a commonwealth that the sovereign is subject to the laws of nature and not the laws created in the state. The logic Hobbes presents in defense of this is reasonable; to be subjected to civil law does not only mean that the law is above the sovereign’s power but that there is a judge that can punish the sovereign. The judge in this case acts as a new sovereign, and since the judge is also subjected to the law of the commonwealth, he too will need a judge, and so on and so forth until confusion sets in and the commonwealth dissolves. (Hobbes, 215) However, because of this, the sovereign is able to do as he please, changing and creating laws that suit him. (Hobbes, 176) We must ask ourselves this question: why would a sovereign need immunity from the law for his personal interest if he acts as the representative for the subjects? Why would Hobbes create this figure, the sovereign, to rule over the subjects in their name for their benefit and safety, yet allow him to also change laws on whim, where such actions can possibly
From the monarchs of the ancient era to the democracy of today, order has been maintained by means of rules and regulations known as laws. Compliance with these laws is enforced through punishments ranging in severity according to the crimes committed to reduce violence and misconduct from individuals within a society. However, just as citizens consent to abide by the laws of the state in which they reside, one is compelled to preserve justice and condemn the unjust decisions of man when the social contract contradicts the laws sanctioned by God. Approaching this conflict between natural and manmade laws in a non-violent manner is called “civil disobedience”.
tradition. Characteristic of his approach is an attempt to justify absolute political authority by an appeal to our rational nature, i.e., in order to avoid a state of war, the appointment of such an authority is considered to be in our best rational interest. By this is implied that we are to collectively give up our naturally endowed freedom in order to ascertain a prolonged existence. This allows for Hobbes to grant such an authority unbounded and absolute power: as long as this authority ensures our continued existence—which reflects our most fundamental drive—rebellion is strictly forbidden. Since the guarantee of our continued existence seems to function as the only criterion for a legitimate authority, one can question some of its implications.
Through my research and findings of obedience to authority this ancient dilemma is somewhat confusing but needs understanding. Problem with obedience to authority has raised a question to why people obey or disobey and if there are any right time to obey or not to obey. Through observation of many standpoints on obedience and disobedience to authority, and determined through detailed examination conducted by Milgram “The Perils Of Obedience,” Doris Lessing “Group Minds” and Shirley Jackson “The Lottery”. We have to examine this information in hopes of understanding or at least be able to draw our own theories that can be supported and proven on this subject.
...d seek peace. In establishing a covenant and instituting a sovereign, men give up the rights they possessed in the state of nature, as well as the right to live without tyranny. However for Hobbes, those sacrifices are overshadowed by what is gained by living under a truly absolute sovereign. A sovereign, corrupt or not, guarantees order and prevents chaos and death. Those are, word for word, the reasons the social contract was initially established and therefore fully justify the creation of an absolute sovereign. Thomas Hobbes, who wrote Leviathan during the English Civil Wars, looked out his window at chaos and decided that survival should be pursued at all costs.
In sophisticated prose, Hobbes manages to conclude that human beings are all equal in their ability to harm each other, and furthermore that they are all capable of rendering void at will the covenants they had previously made with other human beings. An absolutist government, according to Hobbes, would result in a in a society that is not entirely focused on self-preservation, but rather a society that flourishes under the auspices of peace, unity, and security. Of all the arguably great philosophical discourses, Hobbes in particular provides one of the surest and most secure ways to live under a sovereign that protects the natural liberties of man. The sovereign government is built upon the idea of stability and security, which makes it a very intriguing and unique government indeed. The aforementioned laudation of Hobbes and his assertions only helps to cement his political theories at the forefront of the modern
Hobbes explanation of the state and the sovereign arises from what he calls “the State of Nature”. The State of Nature is the absence of political authority. There is no ruler, no laws and Hobbes believes that this is the natural condition of humanity (Hobbes 1839-45, 72). In the State of Nature there is equality. By this, Hobbes means, that there is a rough equality of power. This is because anyone has the power to kill anyone (Hobbes 1839-45, 71). Hobbes argues that the State of Nature is a violent, continuous war between every person. He claims that the State of nature is a state of w...
He states that, “Every one with every one...Shall be given by the major part, the right to present the person of them all” (Hobbes [1651] 2013). Thus, a democratic form of governance is beginning to emerge, and the responsibility of the sovereign is to form laws that avoid returning to a state of nature. Essentially, Hobbes presents a way of government that appears optimal, and capable of lasting a long term. The elected sovereign is not to be overthrown because through the unanimous decision of members of the state the sovereign was chosen, and maintain authority through deliverance of suitable laws (Hobbes [1651] 2013). Thus, citizens are more likely to comply with this form of government because they maintain the impression that their sovereign only looks out for their best interests, as well as recognizes what is best for them because he was chosen to be in
In Locke’s Treatise, the social contract binds citizens to a government which is responsible to its citizenry. If the government fails to represent the interest of its citizens, its citizens have the right and obligation to overthrow it. By contrast, Hobbes’ Leviathan refers to people as subject rather than as citizens, indicating an absence of a reciprocal relationship between the ruler and the ruled. Absolute arbitrary government invests all rights in the sovereign.
Thomas Hobbes and John Stuart Mill have completely differing views on affairs consisting of liberty and authority. Hobbes believing that man is inherently unable to govern themselves and emphasizes that all people are selfish and evil; the lack of governmental structure is what results in a state of chaos, only to be resolved by an authority figure, leading him to be in favor of authority. Throughout “On Liberty” Mill believes that authority, used to subvert one’s liberty, is only acceptable in protecting one from harm. In Leviathan Hobbes uses the Leviathan as a metaphor for the state, made up of its inhabitants, with the head of the Leviathan being the sovereign and having sovereignty as the soul of the Leviathan. Hobbes’ believes that man needs the absolute direction of the sovereign for society to properly function, deeming liberty practically irrelevant due to authority, as the government’s power is the only thing that allows society to go anywhere. The views that Mill has on liberty are not simply more applicable in modern and ancient society, but the outcome of his views are far more beneficial on society as a whole compared to Hobbes’ who’s views are far too black and white to be applied in outside of a theoretical situation and would not truly work in real world scenarios.
However, I feel it may be necessary to start with the earliest theorist on the subject, John Austin. In continuation, underlined in John Austin’s Lectures on Jurisprudence, he described an imperative theory of law, in which he said laws are commands from the sovereign to guide the manner of society’s members (Freeman 86). Of the reason why law’s in his account are imperative. Austin’s narrative say’s that the ruling body of the law may be a group or an individual whose society has a habit of obedience towards, or is habitually obeyed. More so, the sovereign holds no promise but is obeyed through society’s self-interest, which may be fear of sanctions.
A state is sovereign when its magistrate owes allegiance to no superior power, and he or she is supreme within the legal order of the state. It may be assumed that in every human society where there is a system of law there is also to be found, latent beneath the variety of political forms, in a democracy as much as in a absolute monarchy, a simple relationship between subjects rendering habitual obedience, and a sovereign who renders obedience to none. This vertical structure, of sovereign and subjects, according to this theory, is analogous to the backbone of a man. The structure constitutes an essential part of any human society which possesses a system of law, as the backbone comprises an essential part of the man.
Thomas Hobbes creates a clear idea of the social contract theory in which the social contract is a collective agreement where everyone in the state of nature comes together and sacrifices all their liberty in return to security. “In return, the State promises to exercise its absolute power to maintain a state of peace (by punishing deviants, etc.)” So are the power and the ability of the state making people obey to the laws or is there a wider context to this? I am going to look at the different factors to this argument including a wide range of critiques about Hobbes’ theory to see whether or not his theory is convincing reason for constantly obeying the law.