La loi de nature et la loi civile chez Hobbes: de la législation à la pratique du pouvoir

Abstract

The relationship between the law of nature and civil law in Hobbes’s philosophy appears paradoxical: the law of nature becomes effective only through civil law, while civil law must respect and be constrained by the law of nature. Thus raise crucial questions: Does Hobbes belong to the natural law tradition or to the legal positivism? As for his theological-political thought, is he an absolutist thinker or a hidden libertine? To answer these questions, this text examines Hobbes’s general definition of law, those of natural law and civil law, and their relationship. We demonstrate that the relationship between these two laws can be fully understood only by studying Hobbes’s discussions on education.