Hobbesian Sovereignty and the Rights of Subjects

Abstract

Hobbes, in his political writing, is generally understood to be arguing for absolutism. I argue that despite apparently supporting absolutism, Hobbes, in Leviathan, also undermines that absolutism in at least two and possibly three ways. First, he makes sovereignty conditional upon the sovereign’s ability to ensure the safety of the people. Second and crucially, he argues that subjects have inalienable rights, rights that are held even against the sovereign. When the subjects’ preservation is threatened they are no longer obliged to obey the sovereign. Third, there is also a possible limitation on the absolute power of the sovereign in the form of restrictions Hobbes puts in place on what laws he may legitimately make. Finally, Hobbesian absolutism is compared to the absolutism of Carl Schmitt. This exercise demonstrates the limitations that Hobbes places on the power and authority of the sovereign.