Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-gxg78 Total loading time: 0 Render date: 2024-12-27T14:53:56.646Z Has data issue: false hasContentIssue false

2 - The Puzzle of Very Unjust Law II

Hobbes

Published online by Cambridge University Press:  13 January 2022

David Dyzenhaus
Affiliation:
University of Toronto
Get access

Summary

Most readers acquainted with Hobbes will think that a chapter on Hobbes and the puzzle of very unjust law must be rather short. After all, Hobbes is infamous for arguing that the law the sovereign makes not only can have any content but also that the content it happens to have is by definition just. He thus seems to have offered a radical version of a one-system theory about the relationship between law and morality in which morality is collapsed into the content of the positive law of a particular jurisdiction. Moreover, in a well-known passage, he explicitly denied the existence of such a thing as fundamental law, thus excluding a role for fundamental principles of legality in his legal theory.1 In short, he seemed to rule out the kind of puzzle of very unjust law which we saw in Chapter 1 flummoxed both Hart and Dworkin.

Type
Chapter
Information
The Long Arc of Legality
Hobbes, Kelsen, Hart
, pp. 88 - 148
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×