Notes on Hobbes and Sovereignty

A commonwealth is established when an assembly of people agrees to a covenant to appoint a representative, known as the sovereign.
The sovereign power holds all rights and faculties of the assembly itself.

Definition of Sovereign Power: Derived from a covenant, implying that individuals cannot break contracts nor create new ones that grant sovereign power to others, making it a one-and-done situation (as per Hobbes).
Monarchical Context: In a monarchy, a monarch cannot be dethroned or have power transferred to another individual or assembly without it being considered an injustice.
Hobbes stresses that killing a monarch is a profound wrong because it assumes rights that no individual possesses as they are anointed by God.
Exceptions exist for cases of self-defense when one's safety is endangered, where killing is reserved for God alone.

Hobbes is referencing the English Civil War, particularly the execution of King Charles I by Parliamentarians, which he argues is unjust according to his theory of sovereignty.
Parliamentarians are viewed as having usurped the king's power without rightful authority, as only the sovereign can deem what is just or tyrannical.

The power of a sovereign is inalienable; it cannot be forfeited by the sovereign itself or the populace.
Those disagreeing with sovereign authority must accept that the right to power is decided not merely by the populace, but must be agreed upon by the legislature or a majority.
The sovereign is the sole authority regarding the peace and defense of a commonwealth and has the power to decide what doctrines are appropriate for subjects to avoid civil discord.

The sovereign makes and enforces rules to protect subjects and their properties from injustice and can adjudicate disputes.
The sovereign effectively assumes roles of judge, jury, and executive, managing the commonwealth's affairs in peace and war. This consolidation of power means that dissent can be quickly quelled.

Montesquieu, a later political thinker, notes that there are three forms of government: monarchy, republics, and despotism, with monarchy being defined largely through a system of honor.
Hobbes relates monarchy to honor, indicating a unique nature of governance distinct from republic or despot systems.

Hobbes identifies different kinds of commonwealths:
- Monarchy: A multitude represented by one individual.
- Republic: A multitude represented by an assembly.
- Aristocracy: A multitude represented by a few.
Hobbes ties this system of categorization back to Aristotle's view of government forms and their optimal mixtures.
According to Hobbes, there are no additional forms of commonwealth beyond these three.

Sovereign power is only enacted through a single person or assembly, not through multiple conflicting authorities to maintain order and prevent regression into a state of war.
Issues in succession and the fluidity of authority in monarchies pose challenges for maintaining long-term governance.

Hobbes notes that the issue of succession is critical in a monarchy due to the natural death of monarchs and the need for a legitimate successor.
He asserts that the absence of a clear line of succession invariably leads back to a state of war, emphasizing the need for continuity.
- Common law customs traditionally favor a male heir, pointing out historical misogyny in successor designation.
Power transfer: Hobbes discusses whether or not a monarch can lawfully pass power to an outsider and the legality of such actions in the context of succession.

Hobbes outlines two principal forms of acquiring dominion:
1. Generation (Paternal Dominion): Power and status passed from parents to children.
2. Conquest: Power obtained through victory in war, leading to what Hobbes terms despotical dominion.
He emphasizes that dominion through conquest requires the victor to form a covenant, ensuring the rights of the vanquished to retain freedoms following submission.
- A conquered people are expected to enter a covenant and be treated as subjects with entitlements, not merely as prisoners.

Establishment of a sovereign power arises from the fear of death or injury, driving multitudes to elect central authority, hence shaping governmental frameworks.
Fear and liberty coexist under Hobbes’s views, showing that individuals act from necessity (like throwing goods overboard during a storm) whilst also experiencing liberty.

Subjects maintain the right to protect themselves and can refuse to disclose actions that may incriminate them under sovereignty, akin to modern rights to silence.
Refusal of sovereign commands is permissible only if it does not undermine the reasons for establishing the commonwealth.

The sovereign cannot be bound by the law as all acts derived from their authority are considered lawful by virtue of the covenant entered into by the subjects.
The liberties prescribed by Hobbes must align with the recognition of obligation owed to the sovereign in maintaining a functional state or commonwealth.
As noted throughout, liberty in the context of Hobbes's political theory differs from common interpretations stemming from earlier thinkers like Aristotle, reinforcing the monarchical perspective.

Hobbes’s arguments and discussions on the sovereignty remain formative in understanding Western political structures, the nature of authority, and the interplay between fear, liberty, and obligation.
His acknowledgment of the right to revolt against sovereign powers establishes a foundational precedent influencing modern democratic thought and declarations of independence.

Links to foundational texts and further references:
- Reference to common legal codes and constitutional developments.
- Comparison with other political theorists, including Locke and Montesquieu, for robustness of different governance theories.