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Vanash Naick

Thomas Hobbes: Leviathan: The Theory of Rational Political Selection

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Good day gentle people,

I'm making my legal article "The Theory of Rational Political Selection," available here as a PDF attachment.
It will be available for a limited period of time in which I invite comments from jurists. I will take this opportunity of feedback to refine the article and if necessary amend the conclusions that it draws.

I intend submitting this article for publication to a law journal in August 2020, at which juncture I will delete.

Of particular importance, I make reference to the Great Plague of London in 1665. The rationale was to demonstrate how a class structure took place. Generally, when addressing a specific legal philosopher, one does not refer to that philosopher's history. One gets straight to the point which is the philosophy. This applies to all legal philosophers with the exception of Thomas Hobbes. The reason for this is that his life experiences influenced his philosophical outlook.

In justifying my form of state, it noteworthy that Hobbes himself postulated an absolute monarch to the state of nature

I include here the abstract and table of contents.


Abstract: This is a paper on legal philosophy. In this paper, I modify Thomas Hobbes’s state of nature to include both men and women, hence humankind. Humankind in this state of nature become acutely aware of their predisposition to fear, violence and civil war. They further realize that the longevity of the human species can only be attained if power is handed over to a central figure. They accept that resources are limited, and human needs are unlimited. They accept that a class struggle is as destructive as arbitrary violence. They resolve to enter into a social contract among themselves in which they hand over power to a communist party, which ensures that social cohesion and peaceful coexistence prevail. This party will also ensure that a class struggle does not occur in society. It will ensure that the concept of property ownership undergoes regulation to prevent inevitable conflict regarding property.

Contents

1. Introduction
II. Historical perspective
III. Reception of Leviathan in England
IV. The book cover
VI. Philosophy as a science
VIII. The state of nature
IX. The social contract
X. The twelve Hobbesian rights of the sovereign
XI. Philosophical justification for a Communist state
XII. Guiding Principles of this newly formed society
XIII. Conclusion
XIV. Bibliography
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Comments

  1. Vanash Naick's Avatar
    I’m confident that the following will be able to answer many questions almost immediately!

    The starting point?

    One of the cardinal rules of social contract theory is that the state of nature is pre-political and without political associations.That is it is a state of existence before the formation of civil society as we know it. To this end the thought experiment requires us to think away the concept of government as we know it. By definition this would mean that the thought experiment of the state of nature and subsequent social contract implores us to think away the laws of : family, contract, delict, property, succession, criminal procedure and civil procedure. The rationale is that the thought experiment encourages one to imagine that the legislature, executive and judiciary don't exist. Then within this framework, the next step is to present the state of nature and then thereafter deliberate on what exactly would be the ideal government and why.


    In brief the thought experiment encourages us to imagine away the concepts of law and government as we know and understand it. Since its pre-political, one cannot then use the laws of contract, property, delict, succession etc as a starting point as these concepts are completely thought away as if it doesn’t exist at all.
    [B]For anyone who got this thought experiment correct-full marks to you
    Social contract theory dates back centuries. It’s as old as philosophy. The first social contractarian was Thomas Hobbes, followed by John Locke and Jean-Jacques Rousseau. In the 20th century the late modern legal philosopher John Rawls presents a Kantian type of social contract with a few thought experiments including the ‘original position,’ and the ‘veil of ignorance’
    Why have the thought experiment?
    Updated Yesterday at 03:58 AM by Vanash Naick