ADJUS-121 Lecture Notes - Lecture 3: Legal Positivism, Omnipotence, Montesquieu
2 Sep 2020
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Hobbs on the state of nature and the leviathan. The state of nature is solitary, poor, nasty, brutish and short . Law is the command of the sovereign; every rule is a command. A strict separation between law and morality; recognition by the legal apparatus is a condition of positivity i. e. having to pay just to see your exam. The necessary relations deriving from the nature of things (p. 3: all beings have their laws (divinity, intelligences, beasts, material world, before laws were made, there were possible relations of justice. Laws of nature: such a man would at first feel only hi weakness everything makes them tremble, everything makes them flee. (p. 6, four natural laws: peace, nourishment, pleasure, desire to live in society. Positive laws: state of war establishment of laws among men, right of nations: laws beating on the relation. Law should be appropriate to the people for whom they are made.
