Normality and Coercion: Plato, Aristotle, Locke, Rousseau, Kant, and Rawls
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Using Hobbes theory of the Leviathan replacing the ‘state of nature’, what is his conception of normativity and coercion? Discuss three writers from different disciplines who change and update these conceptions and the relationship between normativity and coercion.
The 17th Century English philosopher Thomas Hobbes is now widely regarded as one of a handful of truly great political philosophers, whose masterwork Leviathan rivals in significance the political writings of Plato, Aristotle, Locke, Rousseau, Kant, and Rawls. Hobbes is famous for his early and elaborate development of what has come to be known as “social contract theory”, the method of justifying political principles or arrangements by appeal to the agreement that would be…show more content… There emerged the Natural law theorist, the Positive law theorists, sociological school, the Realist, Purists and the Marxist.
Natural Law: Natural Law believes that there are objective moral principles that can be discovered by natural reason and law is only law insofar as it conforms to these reasons. Law is something that needs to exist for maintaining order and for the common good of all humans. According to Aquinas, divine law is supreme. Law is not founded by man – it is discovered by man. One should choose and act in ways that are compatible with a will towards integral human fulfillment. Natural law theorists believe that moral order is a creation of God and is sustained by Him.
Positive Law: A view according to which law is produced by the ruling power in the society. Strict separation of positive law from ethics and social policy and justice is identified with legality i.e. Observance of rules by the ruling power. Austin’s Command Theory: law is a command of the sovereign obliging them to a course of conduct. Bentham: An assemblage of signs, expressions of subjective will. If human laws conflict with fundamental principles of morality, they are still laws that which directly or indirectly attributable to the sovereign or the ruling power is the source of law.
Sociological School: Law consists of and can be found in the regularized conduct or actual patterns of behavior in a