Hobbes, political philosophy, and the rule of law (Thomas Hobbes)

This dissertation investigates the concept of the rule of law as it is articulated in the political philosophy of Thomas Hobbes. Considering the rule of law through the lens of Hobbes's philosophy, certainly the starkest, and perhaps the clearest lens available, will require an understanding of Hobbes's conception of the nature of philosophy itself in order to come to grips with Hobbes's claim that a certain conception of law, what I am calling the rule of law, follows necessarily on a hypothesis, a "supposition not absurd," concerning men in a purely natural condition without the benefit of government. By proceeding in this manner Hobbes emphasizes, in a unique and particularly forceful way, the crucial, and typically unappreciated, distinction between political philosophy and politics , between the theoretical concern with the engagement of government and the practical concern with the constitution of government. Hobbes' unique reflection on the engagement of government---what government should do---amounts to a sustained clarification of the rule of law as a ideal mode of moral association with certain normative characteristics limited to establishing the peace and the safety of the people.; After an exposition of Hobbes' first philosophy, this investigation focuses on Hobbes' political philosophy generally by answering Leo Strauss's criticism of Hobbes' infamous claims that he is the first political philosopher and that the ancient political philosophy is "dream," and not "science." Once the necessity of "modern" thought is established in the face of Strauss's claim for "ancient" thought, Hobbes' sustained argument for the rule of law will not only be considered, but defended, in some detail. Hobbes' starting point in a hypothetical condition of pure nature---which is simply the recognition that there is a purely subjective and inevitable criterion in human activity that is beyond any possible norm save self-preservation---will be clarified by reference to the neo-Hobbesian theorist Carl Schmitt's concept of the political. After the claims of H. L. A. Hart and others against Hobbes' view that sovereignty is indivisible and necessarily "above the law" have been rebutted, Hobbes' claims for the rule of law will be carefully considered with reference to the work of Michael Oakeshott and Lon Fuller. Finally, the civil law conception of the rule of law as legislative enactment will be opposed to the common law conception based on custom in order to illustrate, according to Hobbes, the need for legislative supremacy. The investigation will conclude by developing Hobbes's conception of jurisprudence at law and at equity in any association that purports to be one in terms of the rule of law.