Legal Thought in Early Modern England：The Theory of Thomas Hobbes  

作　　者：Raffaella Santi 

机构地区：[1]University of Urbino Carlo Bo, Urbino, Italy

出　　处：《Economics World》2018年第5期384-389,共6页经济世界（英文版）

摘　　要：Thomas Hobbes of Malmesbury （1588-1679） is one of the most influential British philosophers of the seventeenthcentury. The paper reconstructs Hobbes＇s legal theory, focusing on his definition of law （civil law, as he calls it）found in Leviathan, XXVI, 3. The definition is only apparently simple, since it has been interpreted in differentways, especially with regard to the connections with natural law-and the Hobbesian assertion that civil law andnatural law ＂contain each other＂. Moreover, the definition of civil law changes in the corresponding paragraph ofthe Latin version of 1668. What is the meaning of this change？ What about the divisions of the law/divisio legis,which-as Hobbes emphasizes-appears in different forms in different writers？ Finally, if a good law is ＂thatwhich is needful, for the good of the people＂, what is it that dictates the paths to be followed by the sovereignrepresentative, who is also the supreme legislator, when writing a new law？ These are the main problems inHobbes＇s legal thought that the paper will address.

关 键 词：HOBBES civil law law of nature salus populi the artificial reason of the State 

分 类 号：H313[语言文字—英语]