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Practice Reason,Reasonable Consensus And Political Stability:The Reinterpretation Of The Laws Of Nature Of Hobbes

Posted on:2019-02-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y TanFull Text:PDF
GTID:1365330545499653Subject:Philosophical ethics
Abstract/Summary:PDF Full Text Request
In Hobbes' s system,the laws of nature contains the normative moral concepts evaluating legal system.It is principles of justice governing the design of the political system and the legal arrangements.However,in the history of ideas,Hobbes' s natural laws is generally regarded as lacking in normative effect.It cannot obtain the unanimous recognition of all citizens,and may also lead to political stability crisis including totalitarian oppression.It is from the stereotyped position of setting up by the history of ideas,Neo-Thomists,Conservatives,and even Neo-liberalists interpret Hobbes' s doctrine as the pioneer of positivist jurisprudence,the theoretical source of totalitarianism,the ideological origin of modern crisis,based on the specific element of the natural laws,by combining their own theoretical concerns.However,these interpretations are contrary to the original intention of Hobbes' s pursuit of political stability.It is precisely because of the apprehension of the political stability crisis triggered by the conflict of multiple values,Hobbes is committed to exploring how to construct a stable political order.However,if the legal system that restricts the behavior of citizens does not achieve consensus among all people,but only relies on external punishment to force all citizens to yield to this arrangement,then this political order is unstable.Therefore,the primary issue of political stability is the question of the legitimacy of the legal system,that is,whether the moral principles that govern the legal system can be uniformly recognized by all parties.From this point of view,Hobbes's political stability plan faces two phases of tasks:first,to demonstrate that natural law can be recognized by all citizens with different values and beliefs,thus giving justification for the normative of natural laws;Second,to design legal systems based on natural laws so as to establish a stable political order.In this plan,the justification of the normative of natural laws is the foundation and core of political stability planning.As principles of justice governing the legal system,natural laws is not a positivist path advocating the "rational egoism criterion".This argument excludes the moral reason for following natural laws.It is based on the principle of self-preservation.Rational egoism criterion based on instrumental reasoning is lacking in effective binding forces,it may also trigger political stability crisis including totalitarian oppression.The laws of nature is also not a path of based on God demonstrating "divine moral command" " This argument regards God's faith as a source of normative force for moral reasons and it cannot be widely recognized by pagans and atheists.From Hobbes' s plan to seek consensus based on conflicts of pluralistic values,the laws of nature should be regarded as a reasonable consensus involving human common good like peace reached by all reasonable subjects holding all kinds of beliefs in value,fully utilizing their moral reflection ability in the state of fairness.It can also be integrated into the comprehensive doctrines of New Science,Christianity,and Classical Virtues,so as to gaining further recognition of citizens who hold such beliefs.In Hobbes' s political stability plan,the choice of polity and the arrangement of legal system need to conform to the moral requirements of the laws of nature and meet the actual conditions.Only in the justice system,public virtues regulated by the laws of nature can be practiced universally,and the universal practice of public virtues will forcefully support the justice system.The acquisition of political stability is based on the unity of justice system and public virtues.One of the Significance of Hobbes' s reinterpretation of natural laws thought is to re-examine the independent moral foundation of Hobbes' s concept of natural law,this foundation is independent of any comprehensive doctrine,it is not derived from the desire for self-preserve,nor is it derived from God's faith but from the common social life,it contains the concept of equality and respect recognized by all citizens.It is under the guidance of practical reason that the thesis reinterprets Hobbes' concept of human nature and the state of nature:as a constructive subject,natural men are not pure egoists,nor are they fanatical sectarians,but have the ability to reflect on morality.They can not only strive to pursue their own interests,but also take into account the feelings and interests of others.As a constructive process,the state of nature is not merely a technical tool,but is a fair procedure established to prove the normality of natural laws.The difffuse fear of death in the state of nature plays a role in shielding information as the veil of ignorance.The fear of death ruled out the difference between natural talents and social status among all natural men,thus ensuring the fairness of the constructive process.As a result of the construction,the natural laws clause is the just principles that all reasonable subjects are unanimously recognized in the state of nature.According to the method of political constructivism,the thesis further reveals the basis and path of Hobbes' s political stability plan,and restores a more comprehensive,deep and true image.Reinterpreting Hobbes' ideas of natural laws also has important practical significance.The contemporary society still faces the challenge of maintaining a stable political order on the premise of value pluralism.The Muslim issues in Europe is a contemporary expression of this challenge.In response to this,the conservatives' answer is to return to classical tradition.The answer of Neo-Thomists is to return to God;however,this approach of laying foundations of the principles of justice based on the comprehensive values is difficult to obtain the unanimous approval of all citizens.The political stability plan is also instructive for solving the current social integration issues.Obviously,Hobbes' s political stability plan through seeking consensus in the diversification of multiple values is also instructive for resolving today's social integration issues.
Keywords/Search Tags:Hobbes, the laws of nature, normative, political stability, Political constructivism, reasonable consensus
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