Chapter 5: The Scholar vs. the Statesman: Thomas Hobbes and Edward Coke

Edward Coke and Hobbes's vendetta

The conflict between traditional legal thought and Hobbes's radical ideas.

Henry de Bracton

Medieval jurist whose work was cited by Coke to support established legal norms.

common law case, 1607: Prohibitions del Roy

A landmark case illustrating tensions between royal power and legal tradition.

Francis Bacon

Statesman and philosopher whose career intersected with these legal controversies.

Petition of Right, 1628

A constitutional document asserting limits on monarchical power.

Dr. Bonham's Case

An early example of judicial review challenging absolute royal authority.

Gunpowder Plot and Guy Fawkes

A historical event underscoring the dangers of political dissent.

Chief Judge of the Court of Common Pleas, 1606

The legal position held by Coke, symbolizing the strength of common law.

Thomas Hobbes

The political philosopher advocating absolute sovereignty to prevent societal collapse.

natural equality of humans, male and female

Hobbes's idea that in the state of nature, all individuals are equally vulnerable.

state of nature

Hobbes's concept of a pre-political condition marked by perpetual conflict.

reason serves the passions

The notion that human rationality is ultimately driven by underlying desires.

law is the command of the sovereign

Hobbes's principle that legal authority comes solely from the ruler.

master-less men

Individuals in the state of nature lacking protection from a central authority.

right of self-preservation

The fundamental drive to survive, justifying submission to authority.

emphasis on consent as the basis of government

The idea that legitimate rule arises only through the agreement of the governed.

theory of natural right

The concept that individuals have inherent rights independent of government (a notion Hobbes disputed).

what actually limits the power of the sovereign

The question contrasting Hobbes's view with those who seek checks on absolute power.

no "higher law"

Hobbes's rejection of any legal or moral principle above the sovereign's command.

no inalienable rights except that of self-preservation

The assertion that only the right to life is inherent.

the mischief of continental learning and Roman ideas about liberty

Hobbes's critique of imported political philosophies.

rejection of common law concepts of the custom of the realm and precedent

Hobbes's dismissal of established legal traditions.

Coke's and Hobbes's different concepts of reason

The divergence between Coke's reliance on judicial precedent and Hobbes's rationalistic approach.

Machiavelli's and Hobbes's attitudes toward Christians

Their differing views on the role of religious ethics in politics.

rationalization of the revolution of Henry VIII

Hobbes's analysis of the upheavals during the English Reformation.

Peter Laslett: why Hobbes's ideas were not implemented in England

An observation on the practical limits of Hobbes's theories.

William Blackstone on the common law

Blackstone's defense of the enduring nature of common law traditions.