Thomas Hobbes and the controversy about the interpretation of law. A contemporary juridical debate considered in the light of the hobbesian Commonwealth

Abstract

The aim of this article is to show how a problem in contemporary theoryof law raises questions that could be illuminated by the philosophy of ThomasHobbes. In order to do that, I will analyze a decision of the North AmericanSupreme Court that retakes an twenty years old open debate concerning civilrights. In this context, the hobbesien notion of Republic will be presented assupplying a theory of legal interpretation that allows us to take the good side inthis debate.