States, states of nature and the moral law: a comparison between Immanuel Kant’s and Thomas Hobbes’ political and legal theory

Resumo

This article delves into the philosophical theses on law and ethics as presented by Thomas Hobbes and Immanuel Kant, with a focus on the notion of resistance in a legal context. It contrasts Hobbes’ advocacy for nearly unrestricted state authority and a morality closely tied to the state, against Kant’s emphasis on moral law and natural rights as the underpinnings of legality. A pivotal discussion point is Kant’s perceived contradiction in supporting a fundamental right to freedom while limiting the right to resist laws that infringe upon this freedom. By comparing these philosophical authors, the article posits that Kant’s theory of resistance requires integration with his broader ethical views, suggesting that human rights should constrain positive law.