Reading Legal Classics Introduction Chapter 1 Thomas Hobbes by Prof. Lee Sang Soo, Sogang University, 2010

Reading legal classics--purposes Legal classics as a liberal arts for law students Legal classics as a most important means to understanding the modern law Legal classics as a universal language among intellectuals in the world, in the history Legal classics for the preparation for law school entrance. And for other reasons… maybe to improve English skills

Reading legal classics--texts 1. Thomas Hobbes, Leviathan, Penguin Books, 1651/ John Locke, Two Treaties of Government and A Letter Concerning Toleration, Digireads.com Publishing,1690/ Baron de Montesquieu, The Spirit of Laws, Prometheus Books, 1748/ Jean-Jacques Rousseau, The Social Contract, Penguin Books, 1762/ Cesare Beccaria, On Crime and Punishment, Transaction Publishers, 1764/ John S. Mill, On Liberty and other Writings, Cambridge University Press, 1859/ Karl Marx, The German Ideology, Prometheus Books, 1846/1998.

Reading legal classics--lectures Main part of this class is to understand the texts themselves. During this semester 7 works will be reviewed. 2 weeks will be spent for each work. In the first class introductory lecture will be delivered and then we delve into the text. After finishing one work, some students will be asked to give presentations answering the questions given by professor. WeekSubjectTuesdayThursday 1 (3/2, 4) Hobbes, Leviathan introductionreading 2 (3/9, 11) readingstudent presentation 3 (3/16, 18) Locke, Two Treaties of Government introductionreading 4 (3/23, 26) readingstudent presentation

Reading legal classics--test Mid-term examination : 20% final examination : 30% presentation : 30% discussion etc : 20% Examination is to evaluate the level of understanding of the texts. Students will be asked to explain and comment on the texts given by the professor, preferably in English.

Thomas Hobbes English philosopher His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory

Background End of ecclesiastical world view  Discovery of New world, Columbus(1492)  Corruption of Church and Reformation, Luther(1517)  Science Revolution, Copernicus(1530), Galileo(1632)  Social Revolution, Puritan Revolution(1642-)  Commercial Revolution Hobbes tried to build a new world view, other than ecclesiastical, traditional,  Based on the Reason  Geometrical method

State of Nature vs. Common-wealth Natural state as a starting point  Composed of individual men, equality between men  Nature of man: Passion dominates  State of War of everyone against everyone  No justice, nor injustice  Right of Nature(jus naturale) = Liberty  Law of Nature(lex naturalis) = Obligation Generation of Common-Wealth(Leviathan or civil society)  Based on Passion and Reason  Sede natural rights  By natural force or by Institution(social contract)

Leviathan

Implication Constant influence afterwards, esp. his theory of social contract, Supporting secularism Bourgeois equality Commercialism vs. industrialism Absolutism without constraint Message to his contemporary

Key words and Questions State of Nature(Natural condition of Mankind)  Why does state of nature lead to state of war?  What is justice in the state of war? Right of Nature and Law of Nature  What is the right of nature?  What is the relationship between the right of nature and law of nature? Leviathan  Explain Leviathan in Hobbesian sense.