The Theory Of Sovereign And Legal Person

Hobbes was one of the founders of modern political philosophy. His thoughts implicate the origins of modern political designs and thoughts. We can draw lessons for our country’s political modernization from grasping the logic of thel5-16century’s British political transformation, further understanding the occurring logic of political modernization by examining Hobbes’s political thought. The study about Hobbes’s political thought is quite plentiful, but is rare on his sovereignty-lawyers thought.This is the commentaries and analysis of Thomas Hobbes’s posthumous work of England A Dialogue Between a Philosopher. By arguing and contesting with a common law student, a philosopher criticized the England common law tradition and its autonomy of professional lawyers.whose logic was articulated by Edward Coke, then tried to reform it. Under the frame about the relation between the sovereignty and lawyers, along the political efficacy of the "fear", based on scrupulous perusing, this article focuses on the original meaning of the text of Dialogue and makes a comprehensive comparison with Hobbes’ Leviathan, and finally finds out Hobbes’political and legal teachings during his old age:Common law and its disciples should be subjected to the sovereignty, and the politics should be prudent while making decisions. Using the core concepts:legal reason, which is represented by the lawyers, and private reason, which is represented by the sovereignty, I analyze and study Hobbes’s citizen thought.Hobbes’s sovereignty-lawyers thought rooted in the British society in15-17century, where and when historical drastic change happened. Conflicts and disorders resulted from the social change urged Hobbes to ponder how to establish and maintain the order. Currently, as the British when Hobbes lived in, China is in a period of transformation from traditional to modern society. A very important issue is how to make the lawyers entered into the modern society and be a modern citizen. And this is the significance for our studying Hobbes’s sovereignty-lawyers thought. What Hobbes inspired us which the mostly is that the lawyers’political participation which is for protecting rights must be a prerequisite for maintaining the commonwealth. And the healthy and orderly political participation is possible consequently. In the sense of modern political civilization, the benign interactivity and limited tension must be maintained between the sovereignty and lawyers, and the political development shall be orderly and harmony consequently.