What Difference Does the Sovereign Make?

VENEZIA, LUCIANO

Santiago

Simposio; Materialism: Words and Power in Hobbes; 2018

Escuela de Gobierno, Universidad Adolfo Ibáñez

There seem to be two different ways to construe this difference introduced by sovereign power. According to the non-normative view, the sovereign?s key feature is his causal or empirical capacity to force the subjects to follow the laws of nature and so act in ways that are already reasonable. For its part, the normative view states that the sovereign?s main characteristic is his normative power to impose morally binding obligations on the subjects, which do not as such have a direct link to the natural duties imposed by natural laws.Hobbes?s analysis of the normativity of contractual obligations grounds the idea that there are normative differences between the sovereign and his subjects. And there are also additional considerations for preferring this normative interpretation. First, Hobbes?s command theory of law supports the normative view. Next, the theory which states that there are only causal or empirical differences between the sovereign and his subjects has only a weak relation to a genuine contractarian theory of political obligation; in fact, it does not even provide the basis for such a theory. Finally, the way sanctions for non-compliance affect practical reasoning give further reasons in favor of the normative interpretation.