No Rule of Law without the Hobbesian State

Abstract

Two functions of the Hobbesian state are essential (though not sufficient) for the existence and protection of the rule of law: nonarbitrariness and enabling individuals to make autonomous long-term plans. This view matters in times of uncertainty about the state's relevance and existence. However, when either composing or performing the requiem for the state, the accounts I discuss in this article neglect and overshadow crucial rule-of-law desiderata. They do this because they see the state and the rule of law as either incompatible or independent of each other. However, I show that there is no rule of law without at least the Hobbesian state.