What are the Limits of our Political Obligation?

Question 1

Hobbes argument, in sum:

Answer 1

The state of nature is a state of war that threatens self-preservation

It is thus rational to seek to avoid the state of nature

The best way to avoid the state of nature is to consent to be ruled by a state

so a state is justified

Question 2

Absolute Sovereignty: created how?

Answer 2

Sovereign is created by a transfer of rights

This transfer creates political obligation

Question 3

Political authority is necessarily absolute

Answer 3

The sovereign, once created, decides alone over what is just and unjust, what is necessary to keep the peace

Question 4

Hobbes argument for absolute sovereignty

Answer 4

By agreeing to transfer rights to sovereign, sovereign gains right to decide what is just and unjust
it follows that nothing that the sovereign can do is unjust

Question 5

The nature of the transfer

+ Problem?

Answer 5

In order to escape the state of nature once and for all, the rights transferred to the sovereign cannot be divided or retracted
All rights are bundled in the sovereign and the sovereign cannot pass them on without loosing power
Sovereign power is thus necessarily absolute

Problem: why think that this wholesale transfer of rights is necessary?

Question 6

The argument from disagreement?

Answer 6

Being obligated to act as directed by the sovereign means that one defer’s one judgement about how to act to the sovereign

Less than absolute power would create disagreement

Disagreement would be the first step towards war

A kingdom divided in itself cannot stand

Question 7

Problem with the argument from disagreement?

- According to Hobbes, there are only two stable states: state of nature and a civil state with an absolute sovereign

Answer 7

What about democratic stability?

Further: could allowing disagreement not be a vehicle for stability?

Question 8

Regress argument?

Answer 8

if the sovereign does not have absolute power, there must be an entity above the sovereign with absolute power
the sovereign cannot be subjected to laws, because it is the sovereign who makes them

Question 9

Problem with the regress argument?

Answer 9

The power to legislate need not be an absolute power
set of rules could take place of an absolute ruler
Democracy as an arbiter?

Question 10

Hobbes reply to the problem of the regress argument?

Answer 10

Such governments do not work in practise
Even laws of nature require interpretation and individuals will come up with different interpretations

“When there is controversy in an account, the parties must by their own accord set up for right reason the reason of some arbitrator or judge”

Question 11

Would an absolute sovereign be the best?

Answer 11

Is life in a commonwealth with an absolute not more dangerous than in the state of nature?
Hobbes denies this:
“And though of so unlimited a power men may fancy many evil consequences, yet the consequences of the want of it, which is perpetual war of every man against his neighbour, are much worse”
But does he require that sovereign aims at peace?

Question 12

While Hobbes defends the absolute authority of the state he also grants that there are limits to our political obligation towards the state
What are the limits of political obligation?

Answer 12

Loopholes
There is, first, individual liberty which arises from silence of the law
But sovereign is not under obligation to protect these loopholes
Liberty rights generally not matched by corresponding duty

Question 13

The Right to self-defence

Answer 13

Second, Hobbes argues that the liberty right to fight for self-preservation cannot be transferred

• a covenant not to defend myself from force by force is always void
• No man is bound… either to kill himself or any other man

Question 14

The right to self defence ( Citizens retain rights)

Answer 14

• for example, they retain the right to defend themselves when attacked
• and even though a sovereign has the right to punish a subject, the citizens retain a right to try and avoid the punishment
  Similarly, although sovereign has the right to send citizens to fight in war, they have the right to refuse.

Question 15

Problem: The right to self-defence

Answer 15

The right to self-defence is in tension with the argument for absolute sovereignty

We saw that the absolute sovereign is empowered by individuals who decide it is in their best interest to obey

But we just saw that they also retain the right to decide what is best for their self-preservation

Question 16

Problem: the right to self-defence is in tension with the argument for absolute sovereignty

Answer 16

it appears that the sovereign only holds power as long as citizens agree to obey
-Explanation:
For Hobbes, contractual obligations do not create a claim right
we are only bound as long it is in our self-interest

Question 17

The right to self-defence: A tension In Hobbes argument

Answer 17

From this account of our political obligation it follows that the sovereign does not decide everything.
But this implies that the sovereign isn’t absolute.