Thomas Hobbes on the rights and duties of sovereign

 Q. Thomas Hobbes on the rights and duties of sovereign

Thomas Hobbes, in his seminal work

Leviathan (1651), constructs a compelling and controversial argument for absolute sovereignty, grounding it in a stark vision of human nature and the necessity of escaping the brutish “state of nature.” His articulation of the rights and duties of the sovereign is inextricably linked to his understanding of the social contract and the purpose of political authority. Hobbes posits that humans, fundamentally driven by self-preservation and a perpetual desire for power, exist in a natural condition characterized by equality of ability, scarcity of resources, and a profound mistrust of one another. This state of nature, he famously declares, is a “war of every man against every man,” a condition of constant fear and danger of violent death, where life is “solitary, poor, nasty, brutish, and short.” In this chaotic environment, there is no morality, no justice, and no property, as there is no common power to enforce any rules. To escape this intolerable condition, individuals, driven by their rational self-interest, enter into a social contract, surrendering their natural rights to a sovereign power in exchange for security and order. This transfer of rights is absolute and irrevocable, creating a single, unified authority, the Leviathan, which embodies the collective will of the people.  

The sovereign, whether a monarch or an assembly, is not a party to the contract but rather its beneficiary. By virtue of the contract, the sovereign acquires absolute and indivisible authority. This authority encompasses several crucial rights, which Hobbes considers essential for maintaining peace and stability. First, the sovereign possesses the sole right to legislate. The power to make and enforce laws is the cornerstone of sovereignty, as it establishes the rules of conduct that prevent the state of nature from recurring. Without a single, undisputed law-making authority, conflicting interpretations and competing claims would inevitably lead to chaos. Second, the sovereign holds the exclusive right to judge disputes and resolve conflicts. This judicial power ensures that laws are applied consistently and impartially, preventing individuals from taking justice into their own hands. Third, the sovereign has the right to make war and peace, commanding the military and determining foreign policy. This power is crucial for defending the commonwealth from external threats and maintaining internal security. Fourth, the sovereign has the right to appoint all magistrates, ministers, and other officials necessary for the administration of the commonwealth. This ensures that the sovereign's will is carried out effectively throughout the realm. Fifth, the sovereign has the right to determine all doctrines and opinions that are conducive to peace and unity. This includes controlling speech, publication, and education, as Hobbes believed that dissenting opinions and conflicting ideologies could undermine the stability of the commonwealth. Sixth, the sovereign possesses the right to reward and punish subjects as they deem fit. This power is essential for enforcing laws and deterring disobedience. Finally, the sovereign has the right to determine what constitutes property and to regulate its distribution. This ensures that resources are allocated in a manner that promotes the common good and prevents disputes over ownership.  

Hobbes emphasizes that these rights are not granted to the sovereign by the people but are inherent in the very nature of sovereignty. The sovereign is not accountable to the people or bound by any laws, including the laws they create. The sovereign is, however, bound by the law of nature to seek the safety of the people, the only reason the people surrendered their rights. This absolute power is necessary, according to Hobbes, to prevent the commonwealth from dissolving back into the state of nature. Any division of sovereignty, such as a separation of powers, would inevitably lead to conflict and instability, as competing authorities would vie for supremacy. Similarly, any limitations on the sovereign's power, such as constitutional constraints or popular checks, would weaken its ability to enforce laws and maintain order.  

While Hobbes emphasizes the absolute rights of the sovereign, he also acknowledges certain duties. The primary duty of the sovereign is to ensure the safety and preservation of the people. This duty is not a legal obligation but a moral imperative, rooted in the sovereign's understanding that their own well-being is inextricably linked to the well-being of the commonwealth. The sovereign must provide for the defense of the realm, maintain internal peace, and promote the prosperity of the people. This includes enacting just and equitable laws, ensuring the efficient administration of justice, and providing for the basic needs of the population. The sovereign must also ensure that the laws are clear and well-publicized, so that subjects know what is expected of them. Education, in Hobbes view, is also a necessity so that people understand the need for the sovereign, and the danger of returning to the state of nature.  

Hobbes recognizes that the sovereign's power is not unlimited in practice. The sovereign cannot command a subject to kill themselves or to refrain from defending themselves when attacked. These are fundamental rights of self-preservation that cannot be alienated, even under the social contract. Similarly, the sovereign cannot compel a subject to confess to a crime they did not commit, as this would violate their right to avoid self-incrimination. Moreover, the sovereign's power is ultimately dependent on their ability to maintain order and security. If the sovereign fails to protect the people or becomes so tyrannical that they provoke widespread rebellion, the commonwealth may dissolve, and individuals may return to the state of nature. In such a scenario, the social contract is broken, and individuals are free to seek a new sovereign who can provide them with security.  

Hobbes's theory of sovereignty is a product of his time, reflecting the political turmoil and social upheaval of 17th-century England. His emphasis on absolute power and the suppression of dissent was a response to the chaos of the English Civil War, which he believed was caused by the division of sovereignty and the proliferation of conflicting ideologies. While his views may seem authoritarian and illiberal to modern readers, they offer a powerful and enduring analysis of the relationship between power, order, and security. His argument for a strong, centralized authority as the foundation of a stable society continues to resonate in contemporary debates about governance and political legitimacy. The sovereign, for Hobbes, is the artificial soul of the commonwealth, the embodiment of its collective will, and the guarantor of its peace and security. Without this sovereign power, Hobbes believed, society would inevitably descend into the anarchy of the state of nature.  

The rights of the sovereign are not merely privileges but necessary tools for fulfilling their duty to protect the people. The sovereign's power to legislate, judge, wage war, and control information are all essential for maintaining order and preventing the commonwealth from collapsing. The sovereign's duty to ensure the safety and well-being of the people is not a matter of benevolence but a fundamental requirement of their role. The sovereign is not a benevolent dictator but a necessary evil, a powerful force that prevents a greater evil: the chaos and violence of the state of nature. While Hobbes's theory may be controversial, it provides a stark and unflinching account of the trade-offs involved in creating and maintaining a stable society. It forces us to confront the fundamental question of how much power we are willing to surrender in exchange for security and order. And, while the world has changed drastically since Hobbes wrote Leviathan, the fundamental questions he raised about the nature of power, the role of government, and the limits of individual liberty continue to be relevant today.   

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