kokorodoko wrote: Wed Sep 15, 2021 7:09 amI have always regarded, as I think is pretty common, Hobbes' idea of the polity as cold and brutal, because of its apparent amorality. Thinking more about it however, his kind of political order is considerably less oppressive (potentially) than one that seeks to use law to instate and maintain a kind of moral order. In Hobbes, the law is pure power. The function of the law is to make the people scared enough of the sovereign that they are protected from each other. There is thus a clear distinction between law and morals - morals have to do with relations between people. Since the actions and values of individuals at their root (this is Hobbes' view) are results of "passions", they are not rational and cannot be rationalized. No principles can be derived from them, they can only be negotiated, and they remain perpetually in an unsteady state.
Some further thoughts:
I was looking through the document from the First Vatican Council, and I came upon this passage, which called to mind again something I've been thinking about a lot recently:
... we believe that the things which he has revealed are true; not because of the intrinsic truth of the things, viewed by the natural light of reason, but because of the authority of God himself ...
The things that are true, are true, ultimately, because God has said so.
Which thing is such that its truth cannot be established through "the natural light of reason", but solely through the authority of its source? Well it's law of course. Law, which precisely
is the divine revelation.
Originally, the lawgiver was a king.
So it is accepted as fact for Hobbes that law is law because the sovereign has commanded so.
However, the truth of the law, or its justification, is not here located in the
source of the command, but in its object. Namely, the lives of the citizens. The justification for this command now rests on it being in accordance with the contract made between the sovereign and the citizens.
Interesting.