Thursday, July 5, 2007

PART OF PROJECT ON HOBBES' CIVIL LAW

1.2 STATEMENT OF PROBLEM

Starting form the ancient period to this contemporary era, it had been a perplexing issue to philosophers whether or not civil laws should ever exist in the civil state. Some of these philosophers were radically opposed to any such thing as civil law, particularly the legal anarchists. They lay emphasis on its (civil law) coercive nature, while others argued that civil law is required for the ordering and governance of the civil society.

The problem then is not only whether law should be expendable as being unnecessary to the creation of a peaceful (and just) society, but also whether law may not perhaps be something positively evil in itself and therefore causes impediment in the realization and fulfillment of man’s social nature. In sum, is civil law necessary at all in the civil state? This is the problem this piece of work intends to address.