This thesis has three parts. The purpose of the first part is to analyse the origin, general characteristics, context and meaning of A Dialogue. I also include a history of the editions of this work, and a discussion on how the scholars have understood it. My intention is to explore the possibility of adding to their comments some additional reasons for Hobbes??? intentions in writing A Dialogue. In order to do all this, I have to take into account two main questions: ??? First, the relation between Hobbes (his life, ideas, aspirations, enemies) and A Dialogue; and ??? Second, the specific problem posed to Hobbes by common law. These issues correspond to the three chapters of Part One of the thesis. The second part of the thesis is divided into nine chapters; it analysis the content of A Dialogue section by section, trying to explain Hobbes??? interpretation of English law and legal history. According to Hobbes, an analysis of the rational principles expressed by both common and civil (Roman) law in England shows the indivisible nature of sovereignty. History, supposedly, confirms this. In the third part of the thesis I locate Hobbes??? legal philosophy as a science, according to the same deductive principles, which he states, are applied to geometry. Hobbes intends to make jurisprudence a form of scientific knowledge to reinforce the idea that sovereignty cannot be shared. While pursuing this philosophical enterprise, Hobbes wants to square his science of politics with English legal history. Hobbes argues that in England, except for the period during the civil wars, there has always been only one absolute ruler of the country. By taking this stand, Hobbes, indirectly calls for changes in the English constitutional order, to be made by advocating the authority of the past, and not only by advocating the application of reason.
| Identifer | oai:union.ndltd.org:ADTP/258807 |
| Date | January 2005 |
| Creators | Milgate, Michael Andrew, Law, Faculty of Law, UNSW |
| Publisher | Awarded by:University of New South Wales. School of Law |
| Source Sets | Australiasian Digital Theses Program |
| Language | English |
| Detected Language | English |
| Rights | Copyright Michael Andrew Milgate, http://unsworks.unsw.edu.au/copyright |
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