Abstract

ABSTRACT This article aspires to make two original contributions to the vast literature on Hobbes’s account of the nature and person of the commonwealth: (1) I provide the first systematic analysis of his changing conception of ‘person’; and (2) use it to show that those who claim that the Hobbesian commonwealth is created by personation by fiction misconstrue his theory of the state. Whereas Elements/De Cive advance a metaphysics-based distinction between individuals (‘natural persons’) and corporations (‘civil persons’), from Leviathan onwards Hobbes contrasts individuals acting in their own name (‘natural persons’) with representatives (‘artificial persons’). These changes notwithstanding, Hobbes retains the same corporate conception of the state throughout. On the prevailing ‘fictionalist’ interpretation, the sovereign brings the commonwealth into existence by representing it. I argue, rather, that as an incorporation of natural persons, the commonwealth becomes one person through the authorized (i.e. non-fictitious) representation of each constituent member singly by one common representative (‘the sovereign’).

Highlights

  • The question of what kind of person the Hobbesian state is has long troubled commentators

  • New to Leviathan is an account of state-formation and state personality cashed out in terms of representation of, and authorization by, each subject

  • I conclude that incorporations can, paradoxically, be either representatives or natural-C persons, depending on whether they act in their own name or not

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Summary

Introduction

The question of what kind of person the Hobbesian state is has long troubled commentators. It fails to appreciate that personation occurs at two levels: the sovereign represents each individual citizen, turning the multitude into one person (‘a commonwealth’), and he bears the person of the commonwealth formed These two instances of personation, I argue, are different in kind, and only the second relation of representation can be said to be fictional. Runciman, ‘The Concept of the State’, 36; Vieira, The Elements of Representation, 170–80; Brito Vieira, ‘Making Up and Making Real’; Newey, Hobbes’s Leviathan, 178; Skinner, From Humanism to Hobbes, 359–60 Other disagreements in their readings of Hobbes notwithstanding, all scholars here associated with the fictionalist reading concur that the commonwealth (i.e. the people as one person) comes into being by being represented as such by the sovereign – i.e. through personation by fiction. To grasp Hobbes’s theory of the state, I conclude, we best turn to texts other than the English Leviathan

The commonwealth as a civil person
Persons: actors and agents
Leviathan incorporated
Conclusion
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