Dialogue between a Philosopher and an English Lawyer (Shanghai Sanlian Law Series)

Author: (English) Hobbes, translated by Yao Zhongqiu
Publisher:
Publish Date: 2006-01-01
Features: As a critique of common law by a great philosopher, The Dialogue should be a must-read for anyone interested in British political thought or legal thought. It is noteworthy that this book is also Hobbes's last statement on political science. The views in The Dialogue on reason, law, common law, equity, judicial power, royal power, and specific legal issues show a clear continuity with Leviathan. The most prominent feature is that it directs its critical entirely and clearly at the common law judge Sir Edward Coke. The conclusion of the entire Dialogue is also evident: Coke's attempt to emphasize that the authority of common law derives from judicial wisdom is unfounded. Common law judges must accept the review of the Lord Chancellor of the King, and the definition of criminal activities and the regulation of punishments must be determined by natural reason or statutes, not by judicial wisdom. This dialogue, in a dramatic way, presents two contrasting views of royal and judicial power. It is precisely because of this that it reveals Hobbes's characteristics more clearly than Leviathan and On the Citizen, and highlights his opposition to the common law constitutionalist tradition.