The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)

"The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11) by Hobbes is a collection of political philosophy, legal dialogue, and rhetorical treatises written in the mid-17th century. The volume brings together Hobbes’s arguments about English law and sovereignty, his account of the civil wars, and practical texts on rhetoric and sophistry. Expect vigorous, systematic reasoning about the foundations of law, the prerogatives of the sovereign, and the power of persuasive speech.

The opening of the volume presents A Dialogue between a Philosopher and a Student of the Common Laws of England, a brisk debate over whether law rests on right reason or on the sovereign’s authority. The Philosopher disputes Coke’s “artificial reason,” insists that equity is right reason, and maintains that only sovereign power makes law effective and binding. The speakers contrast statute and common law, define justice as giving each his own, trace property to sovereign distribution, and defend the King’s right to command the militia and levy funds in necessity. They also separate crime from sin, law from right, and injustice from iniquity, then survey jurisdictions across King’s Bench, Common Pleas, Exchequer, Admiralty, and Chancery. Citing Bracton and Fleta, the exchange repeatedly affirms the sovereign as sole legislator and supreme judge, while recognizing equity’s role in correcting judicial error."