This contribution introduces the special issue, which contains a selection of the lectures delivered by key-note speakers during the Summer School organized by the editors in August, 2013, at the behest of the Section of Ethics & Practical Philosophy of the Dutch Research School of Philosophy (OZSW). |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2014 |
Keywords | reciprocity, normativity |
Authors | Prof. Dr. Hans Lindahl PhD and Bart van Klink |
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Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2014 |
Keywords | Hobbes, reciprocity, rule of Law, conscience, legality, liberty |
Authors | David Dyzenhaus PhD |
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I focus on Hobbes’s claim that the law is ’the publique Conscience, by which [the individual] (…) hath already undertaken to be guided.’ This claim is not authoritarian once it is set in the context of his complex account, which involves three different relationships of reciprocity: the contractarian idea that individuals in the state of nature agree with one another to institute a sovereign whose prescriptions they shall regard as binding; the vertical, reciprocal relationship between ruler and ruled; and the horizontal relationship between individuals in the civil condition, made possible by the existence of the sovereign who through enacting laws dictates the terms of interaction between his subjects. The interaction of these three relationships has the result that subjects relate to each other on terms that reflect their status as free and equal individuals who find that the law enables them to pursue their own conceptions of the good. |