Reclaiming the Rights of the Hobbesian Subject

'There are no substantive rights for subjects in Hobbes's political theory, only bare freedoms without correlated duties to protect them'. This orthodoxy of Hobbes scholarship and its Hohfeldian assumptions are challenged by Curran who develops an argument that Hobbes provides claim rights for subjects against each other and (indirect) protection of the right to self-preservation by sovereign duties. The underlying theory, she argues, is not a theory of natural rights but rather, a modern, secular theory of rights, with something to offer current discussions in rights theory. "In this book, Eleanor Curran seeks to reveal Hobbes's contribution to the theory of individual rights and to the history of the concept of individual rights. Beginning by examining Hobbes's pronouncements on rights in the context of the writing of his contemporaries - both royalist and parliamentarian - she goes on to Hobbes's arguments for the universal inalienability of crucial rights to self-preservation and self-defence, which echo the views of the radical parliamentarian Levellers. And yet in the intervening centuries, Hobbes's political theory has come to be seen as lacking any substantive rights for subjects. Curran develops an argument that in Leviathan, Hobbes does describe genuine political rights for subjects and provides for their protection by the duties of others. She also argues that the Hohfeldian analysis, which dominates current discussions of rights, has contributed to a distorted reading of Hobbesian rights. In asking what sort of theory of rights underlies Hobbes's descriptions, she argues that it is not a theory of natural rights tied to the premises of natural law, but is instead a modern, secular theory."--BOOK JACKET In this groundbreaking book, Curran seeks to reveal Hobbes's contribution to the theory of individual rights and to the history of the concept of individual rights. Beginning by examining Hobbes's pronouncements on rights in the context of the writings of his contemporaries - both royalist and parliamentarian - she goes on to discuss Hobbes's arguments for the universal inalienability of crucial rights to self-preservation and self-defence, which echo those of the parliamentarian Levellers. And yet, in the intervening centuries, Hobbes's political theory has come to be seen as lacking any substantive rights for subjects. Curran develops an argument that in Leviathan, Hobbes does describe genuine political rights for subjects and he provides for their protection by the duties of others. She also argues that the Hohfeldian analysis, that dominates current discussions of rights, has contributed to a distorted reading of Hobbesian rights. In asking what sort of theory of rights underlies Hobbes's descriptions, she argues that it is not a theory of natural rights, tied to the premises of natural law, but is instead a modern, secular theory Cover......Page 2 Contents......Page 9 List of Tables......Page 10 Preface......Page 11 Acknowledgements......Page 13 Introduction......Page 17 Part I: The Historical Context of Hobbes’s Political Theory......Page 25 1 Examining the Orthodoxy – Hobbes and Royalism......Page 27 2 The Political Context – Taking Sides?......Page 42 Part II: Hobbes’s Theory of Rights: The Textual Argument......Page 79 3 Liberties and Claims – Rights and Duties......Page 81 4 The Full Right to Self-Preservation and Sovereign Duties......Page 119 Part III: Hobbes and Theories of Natural Law and Natural Rights......Page 139 5 The Natural Rights Tradition – With or Without Hobbes?......Page 141 Part IV: Hobbes’s Theory of Rights – A Modern Secular Theory......Page 167 6 Current Discussions of Hobbesian Rights. The Distorting Lens of Hohfeld......Page 169 Conclusion: Towards a Hobbesian Theory of Rights......Page 193 Notes......Page 203 References......Page 215 N......Page 220 S......Page 221 The Historical Context Of Hobbes's Political Theory -- Examining The Orthodoxy : Hobbes And Royalism -- The Political Context : Taking Sides -- Hobbes's Theory Of Rights : The Textual Argument -- Liberties And Claims : Rights And Duties -- The Full Right To Self Preservation And Sovereign Duties -- Hobbes And Theories Of Natural Law And Natural Rights -- The Natural Rights Tradition : With Or Without Hobbes? -- Hobbes's Theory Of Rights : A Modern Secular Theory -- Current Discussions Of Hobbesian Rights : The Distorting Lens Of Hohfeld -- Conclusion : Towards A Hobbesian Theory Of Rights. Eleanor Curran. Includes Bibliographical References (p. 199-203) And Index. 'There are no substantive rights for subjects in Hobbes's political theory, only bare freedoms without correlated duties to protect them'. Curran challenges this orthodoxy of Hobbes scholarship, and argues that Hobbes's theory is not a theory of natural rights but rather, a modern, secular theory of rights, with relevance to modern rights theory.