Hobbes on Conscience Within the Law and Without
Bibliographic Data
| ID | 6236229 |
|---|---|
| Authors | Edward Andrews (corresponding author), Edward G Andrews, Edward Andrew (University of Toronto, corresponding author), Edward G Andrew |
| Year | 1999 |
| Volume | 32 |
| Issue | 2 |
| Pages | 203-225 |
| Publication date | 1999-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Canadian Journal of Political Science (JOURNAL) |
| Journal identifiers | ISSN: 0008-4239 • E-ISSN: 1744-9324 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0008423900010465 |
| OpenAlex | W1997165992 |
| Language | EN |
| Citations received | 3 |
| References cited | 9 |
This article seeks to clarify the meaning of conscience and to exhibit its role in the philosophy of Hobbes. The author compares Hobbes's philosophy to Locke's doctrine. Instead of the usual contrast of Hobbes, the enemy to the claims of conscience, and Locke, the defender of the rights of conscience, he shows that Hobbes found a place for conscience within the law—the rights of defendants to a jury of their choice, and the rights of jurors to a verdict according to their conscience—whereas Locke found a place for conscience outside the law, in the judgment of revolutionaries when a revolution is justifiable or successful. In elaborating Hobbes's views of trial by jury, the author suggests that the best forensic metaphor for conscience is a juror (rather than the more usual ones of a witness, a judge or a legislator). Conscience is subjective certainty, dangerous outside an institutional setting, but indispensable for decisions not based on demonstrable knowledge, such as a juror's verdict beyond reasonable doubt
Certainty · Conscience · Doctrine · Epistemology · Jury · Law and economics · Meaning (existential · Political science · Sociology · Verdict · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Philosophy · Seventeenth-Century Political and Philosophical Thought
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,19 |
| Citation span | 2010 - 2020 (11) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |