Britannica
Sources used in this answer
Why did Thomas Hobbes criticize common law and the authority of lawyers?
Created from Britannica articles
using AI.
AI can make mistakes, so verify using Britannica articles.
Thomas Hobbes
Thomas Hobbes, detail of an oil painting by John Michael Wright; in the National Portrait Gallery, London.
Thomas Hobbes criticized common law and the authority of lawyers because he believed they undermined the sovereignâs role as the supreme interpreter of law.12
His primary objections included:
- Lack of Clarity: Hobbes argued that the "immemorial customs" cited as the foundation of common law were often difficult to discern and deeply controversial. Consequently, he believed common law failed to provide the authoritative, final guidance necessary to maintain peace and prevent anarchy.1
- Rejection of Artificial Reason: He dismissed the ideaâpromoted by figures like Sir Edward Cokeâthat understanding the law required "artificial reason" or "long study and experience." Hobbes maintained that if lawyers and judges were required as intermediaries between the sovereign and the subject, the law would fail to effectively guide the conduct of ordinary citizens.1
- Accessibility: Hobbes famously quipped that ordinary people could master the contents of a legal system after only about two months of study, suggesting that the professionalization of law was an unnecessary barrier to the clear communication of the sovereign's will.1
Ultimately, Hobbes viewed the "multiplication of authoritative legal interpreters" as a direct threat to the supreme civil power required to ensure security.12