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Hobbes the Legal Positivist.

Thomas Hobbes, in his "Leviathan", clearly defines himself as a "positivist lawyer" as opposed to one who is an advocate of natural law. This being said, in chapter 26 of "Leviathan" Hobbes appears to combine the two concepts of law, declaring that: "The Law of Nature and the Civil Law, contain each other, and are of equal extent" (26). However, as this essay will argue, Hobbes does not mean by this that the sovereign cannot enact laws that contradict the laws of nature. Rather, as will be seen, Hobbes here indicates the considerable overlapping of the two forms of law - although he is clear that "natural law" is not technically law - with the understanding that the sovereign may enact civil law that interprets or abridges the laws of nature, although such sovereign laws are not always "right". 5 pgs. Bibliography lists 2 sources.

Pages: 5

Bibliography: 2 source(s) listed

Filename: 8023 Hobbes Legal Positivist.doc

Price: 44.75

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