The Argument Between The Kingship And Jurisdiction

Hobbes on the tradition of natural law and positive law have occupy an extremely important and very special place. A long time, researchers believe that Hobbes attributed to the natural law tradition, the positive law of his ideas paid little attention. Most of his research focused on his book of "Leviathan," a book which about natural rights, state theory and other issues, but little on the " A Dialogue Between A Philosopher And A Student of The Common Laws of England ".This paper is divided into introduction, body, and conclusion in three parts. In the text section includes the following several chapters, the first chapter is devoted to "Dialogue" in the writings of Hobbes's position; and detailed analysis of the "Dialogue" chapter in the structure and content; finally sought to demonstrate that "Dialogue" the intention of writing. In the second chapter, this article on "Dialogue" has done a study in England constitutional background. In this part, the authors of the discussion focused on two main characters who: Sir Edward Coke, as well as the abstract sense of the king. Intention of this article is through the conflict between Sir Edward Coke and King of James I, pointing out that the "Dialogue" has a historical connotation and the constitutional background of England, Meanwhile, the paper also noted that as a sovereign representative of the King in the "Dialogue" in the specificity, depending on the King with the "two identity." In the third part, the authors focus on finishing a "Dialogue" covers jurisprudence implication, and from the "nominalism", "State ratio" to explain aspects of "Dialogue." The fourth part of the paper from the natural law and positive law of the controversy perspective "Dialogue", in this paper intends to do Hobbes "Leviathan" and the"Dialogue" on the natural law and positive law of the right worthy, the purpose of Hobbes ,the author just want to point out the theory of continuity, but more importantly is that in section II of this paper analyzes the positive law on behalf of Thomas Hobbes famously thought: "Human Law is only concerned about the resistance to authority." Part V, this article will be representative of Hobbes as a natural law, Pufendorf and the same school of thought on the "Contract theory" ,in this comparaing, which aims to collate Hobbes's "Leviathan" and "Dialogue" on the legacy of natural law thinking.In the conclusion part, the author pointed out that Hobbes has the whole legal theory of "nationalism" background. The article also pointed out that the matter it is the symbol of tyranny, or a symbol of royal power, judicial power, individual freedom, in essence, all belong to the scope of authority, it is difficult to escape the "power" a phrase which has the curse. Therefore, the kingship and the judicial power of the controversy in the country's justice issues, this debate is a long history of natural law and positive law as a continuation of debate.