1st Edition

Social Contract Theory in American Jurisprudence Too Much Liberty and Too Much Authority

By Thomas R. Pope Copyright 2013
126 Pages
by Routledge

134 Pages
by Routledge

134 Pages
by Routledge

Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as... Read more

1. An Introduction 2. Learning from Lochner 3. Why Hobbes? 4. Hobbes on Contract 5. Hobbes on Police Power 6. Applying Hobbesian Lessons

Biography

Thomas R. Pope is Assistant Professor and Discipline Coordinator in the Department of Political Science at Lee University.

"Pope breathes new life into the old debate in constitutional law between defenders of liberty and defenders of the interest of the community. He shows the futility of the unqualified acceptance of either alternative as a consistent guide to constitutional adjudication, and returns to the roots of modernity to explain how Thomas Hobbes brought these two principles together to provide a solid foundation for modern liberal politics. Both political theorists and constitutional scholars have much to learn from this subtle and thoughtful analysis."

—David K. Nichols, Baylor University

"A fascinating rumination on the relationship between individual liberty and the government's 'police power' to serve the common good that will challenge readers of all political persuasions to reconsider cherished nostrums."
—David E. Bernstein, George Mason University School of Law