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Lorenzo Bernini
modern political philosophy both because of his justification of State sovereignty by social
contract and his individualistic ontology. In the most common interpretation of his theory,
individuals create the State as an artificial person, by an act of their will led by reason. Yet,
at a closer and deeper reading of Leviathan, one may understand Hobbes’ thought, and
consequently the modernity he is supposed to found, in a different way. My paper will try
the State via the social contract, but at the same time the State moulds human beings as
individuals through an extensive use of instruction, education and discipline. Thus not only
the State, but also the individual is an artificial person, and individualistic ontology is not
only the premise but also the result of modern State power.
Foucault opposes his concept of biopolitics to Hobbes’ concept of sovereignty, while both
in De cive and in Leviathan we can find a profound awareness that sovereignty is tied to
authors (for example Michel Hardt and Toni Negri) use Foucault’s concept of “biopolitics”
and its synonym “governmentality” to name the political power in post-modernity or in the
globalization era (for example of the power of the “Empire”). Sometimes the category of
“sovereignty” is too easily dismissed as a residue of the past. On the contrary an attentive
reading of Leviathan may show that postmodernity is involved in modernity more than one
may think, and that we may still study Hobbes not only for understanding our past, but also
for illuminating our present. In a sort of hermeneutic chiasmus, understanding the first
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crisis of sovereignty (its upspring in modernity) may help us to understand its present crisis
concept of biopolitics in his book The Will to Knowledge (1976) and in his courses at the
courses Psychiatric Power (1973-1974) and Abnormal (1974-1975), and especially in his
book Discipline and Punish (1975) he introduced the concept of disciplinary power. These
new categories are used by the French philosopher in order to challenge the modern-
classic conception of State power that Foucault intends as still alive in his
negative force that sets limits to human freedom, acting different forms of repression. On
the contrary, disciplinary and biopolitical powers have a positive action: they do not
repress but “empower” individuals and populations as determined by the needs of biology
and economy. They mould bodies and characters, they create ways of life, and they put in
form freedoms and desires. Disciplines act on single human beings through education and
training and take out from them working, social and military competences: they constitute
regulate biological processes in order to guarantee security, health and and wealth: they
establish a macrophysical «biopolitics of the human race». Both disciplines and biopowers
do not limit, but on the contrary increase and multiply (certain) human abilities and forces
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In Discipline and Power, “Society Must Be Defended” and The Will to Knowledge,
Foucault follows a current opinion and considers Hobbes the founder of Western modern
political philosophy, and thus of the modern conception of power as repression. For
Foucault in Hobbes’ theory of sovereignty the power of the State on its subjects follows at
the same time a juridical and a commercial logic: the individuals exchange their natural
right to everything with security, and the sovereign exercises power over them essentially
in two ways: 1) throught law, a limitation of the subjects’ freedom that becomes violence
when they disobey the sovereign’s will, 2) throught withdrawal of money (taxes) and forces
(army) necessary to guarantee social security and defence from another State. In the
classical theory of sovereignty the extreme manifestation of the sovereign’s power over his
subjects is the “right of life and death”: when necessary, the sovereign can require from his
subjects the sacrifice of their life in war in order to guarantee the safety of the State, can
condemn them to death when a heavy crime occurs and considers them not as subjects
but as enemies of the State when they commit the heaviest crime – that is lese-majesty1.
To the negative action of Hobbes’s sovereign over the life of his subjects Foucault
opposes the biopolitics’ positive action over the life of the population:
It seems to me that one of the basis phenomena of the nineteenth century was what may be called
power’s hold over life. What I mean is the acquisition of power over man insofar as man is a living
being, that the biological came under State control, that there was at least a certain tendency that
leads to what might be termed State control of the biological. […] Sovereign power’s effect on life is
exercised only when the sovereign can kill. The very essence of the right of life and death is actually
the right to kill: it is at the moment when the sovereign can kill that he exercises his right over life. It
is essentially the right of the sword. […] It is the right to take life or let live.
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«The betraying of the strengths, or revealing of the secrets of the commonwealth to an enemy; also all
attempts upon the representative of the commonwealth, be it a monarch, or an assembly; and all
endeavours by word, or deed, to diminish the authority of the same, either in the present time, or in
succession: which crimes the Latins understand by crimina lesae majestatitis, and consist in design, or act,
contrary to a fundamental law» (Leviathan XXVII. 37; cfr. De cive, XIV. 20).
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And I think that one of the greatest transformations political right underwent in the nineteenth century
was precisely that, I wouldn’t say exactly that sovereignty’s old right – to take life or let live – was
replaced, but it came to be complemented by a new right which does not erase the old right but
which does penetrate it, permeate it. This is the right, or rather precisely the opposite right. It is the
power to “make” live and “let” die. The right of sovereignty was the right to take life or let live. And
then this new right is established: the right to make live and to let die. [“Society Must Be Defended”,
century, and biopolitics from the nineteenth century. The French philosopher
acknowledges that already in the seventeenth century philosophers and jurists claimed
that individuals enter into the social contract and constitute the sovereign in order to
protect their lives: life is thus the foundation of the sovereign’s right of life and death, but
eactly for that, as foundament of the contract, life remains outside the contract. As a
analysis of the multiplicity of power relations» and of modern power’s hold over human life:
thus in “Society must be defended” Foucault invites his public to «say farewell to the
theory of sovereignty» [“Society Must Be Defended”, 21 January 1976, p. 243], and in The
Will to Knowledge and in interviews about these times he suggests that we need «to cut
off the king’s head in political theory», that is to develop «a political philosophy that isn’t
erected around the problem of sovereignty, nor therefore around the problem of law and
1979) the relationship between sovereignty and biopolitics becomes more complex than it
is in “Society must be defended” and The will to Knowledge, but in general, according to
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constitutes subjects» is «precisely the opposite of what Hobbes was trying to do in
Leviathan» [“Society Must Be Defended”, 14 January 1976, p. 28]. Even in the late
seventies, according to Foucault for comprehending how biopolitics works one has to
study the techniques of government elaborated in the literature on the Reason of State
Contractualism is for him the theory that modern State has used to legitimate his power, to
make it accept to the will of his subjects by hiding its concrete biopolitical action.
with rights, capabilities, and so on – can and must become a subject, this time in the
Defended”, 21 January 1976, p. 43]. In this cycle, the will of the individuals, and not their
biological life is involved: the social contract is a pact of submission of individual wills to
the will of the sovereign. But if we read Hobbes’ political works with more attention, we
discover that since the beginning in the modern theory of sovereignty the juridical tools of
sovereignty and the material interventions of biopolitics are strictly related. In Hobbes,
what Foucault calls biopolitics is the secret fundament of the State. Despite Foucault’s
opinion, in Leviathan the sovereign must take into serious account human life both in the
microphysical and in the macrophysical dimensions. Besides the sovereign’s action over
life is not only repressive but also productive: the sovereign has to satisfy and modify
human biological needs in order to create those docile subjects who submits their will to
his. He has to product those conflictual and scary individuals that are necessary in order to
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2. The Mortal God and its pastoral power: Biopolitical metaphors go across
Leviathan from the very beginning. In the Introduction the State is presented as an
Sovereignty is an artificial soul, as giving life and motion to the whole body; the magistrates, and
other officers of judicature and execution, artificial joints; reward and punishment (by which fastened
to the seat of the sovereignty, every joint and member is moved to perform his duty) are the nerves,
that do the same in the body natural; the wealth and riches of all the particular members, are the
strenght; salus populi (the people’s safety) its business; counsellors, by whom all things needful for it
to know, are suggested onto it, are the memory; equity and laws, an artificial reason and will;
concord, health; sedition, sickness, and civil war, death. Lastly, the pacts and covenants, by which
the parts of this body politic were at first made, set together, and united, resemble that fiat, or the let
apprehend as well that «THE NUTRITION of a commonwealth consisteth, in the plenty, and
distribution of materials conducing to life» [Leviathan, XXIV. 1], that money is «the blood of
In chapter XVII (Of the Causes, Generation, and Definition of a Commonwealth) the
relationship between the sovereign and his subjects goes upside down: if the pact among
individuals is the godlike performative speech act that creates Leviathan, at the same time
Leviathan is «that Mortal God, to which we owe under the Immortal God our peace and
defence» [Leviathan, XVII. 13]. From chapter XXX (On the Office of the Sovereign
representative) we realize that the action of this Mortal God on his subject is not only
negative (prohibition, withdrawal and violence), but also positive: if the Immortal God
creates mankind, The Mortal one has to guarantee his subjects to reach the safety, health,
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welfare and even the happiness that the Immortal God has made possible for mankind on
earth and even further. Thus the sovereign’s right to life and death is not only the right to
kill – as Foucault says –, but also the right to make live, to intensify the biological life of his
population in this word and to ensure the eternal life of his subjects in the other life. In
Hobbes sovereignty and biopolitics are tied by a deep solidarity: the juridical dimension is
functions of the State, already in The Will to Knowledge and more specifically in Security,
Territory, Population. With this concept, as Max Weber, Foucault points out the complexity
purposes (from salvation of the soul to security and health of the body) has gone together
with the spread of means typical of the medieval Catholic Church. By police,
administrations and welfare the State governs its population as the good shepherd
governs the flock of the faithful: taking care of each individual one by one, bringing him up
singularly, providing to satisfy his natural needs in order to guarantee his good. The
character of biopolitics is altruistic: according to Foucault, if the sovereign may ask to his
subjects the sacrifice of their life for his own security, the motto of biopolitics is “Society
must be defended”: the State has to provide to security and welfare of his
subjects/citizens. The pastoral functions of the sovereign are exactly what shows the
On this point, in Leviathan, chapter XXX is crucial. Due to the horizontal structure of
the pact (the pact is made by each individual with each other individual, and not by the
people alltogether and the sovereign), the sovereign has no duty towards his subjects.
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They have to accept all his decisions as just laws, whatever he decides2. Nevertheless he
has some duties towards God, and only God will judge him after his death. These duties
The OFFICE of the sovereign, (be it a monarch or an assembly,) consisteth in the end, for which he
was trusted with the sovereign power, namely the procuration of the safety of the people, to which he
is obliged by the law of nature, and to render an account thereof to God, the author of the law, and to
work, only regarding the biological survival of the population, the preservation of the life of
the larger number of the individuals of the community. On the contrary Hobbes extend the
care of the State over its population to the development of life, to its complete fulfilment.
Straightaway he specifies:
But the safety here, is not meant a bare preservation, but also all other contentments of life, which
every man by lawful industry, without danger, or hurt to the commonwealth, shall acquire to himself.
[Leviathan, XXX. 1]
The Mortal God has the duty to let human life free to develop and increase. For this
reason he has to limit his juridical power: laws must not be excessive, because his subject
have to be free to research their welfare, affluence and happiness. The sovereign has the
duty to make good law, and a law is good when it is not superfluous but on the contrary
necessary for the good of the people, and when it is clear, easily comprehensible by every
subject:
2
«By a good law, I mean not a just law: for no law can be unjust. The law is made by the sovereign power,
and all that is done by such power, is warranted, and owned by every one of the people, and that which
every man will have so, no man can say is unjust. It is in the laws of the commonwealth, as in the laws of
gaming: whatsoever the gamesters all agree on, is in justice to none of them» [Leviathan, XXX. 20].
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To the care of the sovereign, belongeth the making of good laws. But what is a good law? […] A
good law is that, which is needful, for the good of the people, and withal perspicuous. [Leviathan,
XXX.20]
Similar statements were already present in chapter XIII of De cive (Concerning the
duties of them who bear Rule). Here Hobbes claims that «all the duties of Rulers are
contained» in the sentence «The safety of the people is the supreme Law» [De cive,
XIII.2]. He also explains what he means by “safety” and by “people” in this sentence:
But by safety must be understood, not the sole preservation of life in what condition so ever, but in
order to its happiness. For to this end did men freely assemble themselves, and institute a
government, that they might, as much as their human condition would afford, live delightfully. […]
They who have acquired Dominion by arms, doe all desire that their subjects may be strong in body
and mind, that they may serve them the better; wherefore if they should not endeavour to provide
them, not only with such things whereby they may live, but also with such whereby they may grow
strong and lusty, they would act against their own scope and end. [De cive, XIII.4]
By the people in this place we understand, not one civil Person, namely the City it selfe which
governs, but the multitude of subjects which are governed. [De cive, XIII.3]
Saying that the sovereign has to operate for the happiness of the multitude of his
subjects, Hobbes means that he has to take care of the whole of the people taking care of
each single subject. In fact in Hobbes’ doctrine “multitude” is the name of the multiplicity of
individuals before they become a unique people by the social pact. The multitude cannot
be considered a unity, but is a sum of individuals one by one. And one by one, as a good
shepherd, the sovereign and his ministers have to take care of them.
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For example the State has to provide every subject to be productive, preventing
idleness and forcing everyone to work and to contribute to the general wealth [Leviathan
XXX.19], but when someone by accident becomes unable to maintain himself with his
work, the State has to provide assistance for him3. Above all the State has to guarantee
education and instruction of his subject. From the first part of Leviathan (Of Man), man is
described as endowed with the possibility to modify his nature, to discipline it with reason
and speech. In the first three chapters Hobbes describes sense (Leviathan I), imagination,
faculties that are in common to man and beast. And then he introduces chapter IV with
these words:
Those other faculties of which I shall speak by and by, and which seem proper to man only
[understanding, reason, curiosity, religion, passion for recognition], are acquired, and increased by
study and industry, and of most men learned by instruction, and discipline, and proceed all from the
invention of words, and speech. For besides sense, and thoughts, and the train of thoughts, the mind
of man has no other motion, thought by the help of speech, and method, the same faculties may be
improved to such a height, as to distinguish men from all other living creatures [Leviathan II. 11].
Hobbes strictly believes in the performative power of words. By means of words the
State is created by the individuals, but by means of words even the State moulds the will
of its subjects. One of the duties of the sovereign is in fact «the instruction of the people»
which «dependeth wholly, on the right teaching of youth in the universities» [Leviathan,
XXX. 14]. For Hobbes «the right teaching» is of course the teaching of his theory: the
subjects must apprehend that they are those passionate selfish and competitive
3
«And whereas many men, by accident inevitable, become unable to maintain themselves by their labour;
they ought not to be left to the charity of private persons; but to be provided for, (as forth as the necessities
of nature require,) by the laws of the commonwealth. For as it is uncharitableness in any man, to neglect the
impotent; so it is in the sovereign of a commonwealth, to expose them to the hazard of such uncertain
charity» [Leviathan, XXX. 18].
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individuals who needs to submit their will to the will of the sovereign in order to gain
security and wealth. Besides, in Leviathan it is not sufficient that the people obey the
sovereign’s laws: people have to be convinced of the necessity to obey laws by the
doctrine of natural laws. To whom may object that «common people are not of capacity
enough to be made to understand them» Hobbes replies that «The common people’s
mind, unless they be tainted with dependence on the potent, or scribbled over with
opinions of their doctors, are like clean paper, fit to receive whatsoever by public authority
biopolitical cycle: the individuals submits their will to the sovereign, but at the same time
the sovereign forms the will of his subjects, disciplines their passions and takes care of
happiness that is compatible with political order - that is security, health and wealth. We
may than conclude that not only the State, but also the individual is an artificial person,
and that individualistic ontology is not only the premise but also the result of modern State
power.
Nevertheless, being connected to the sovereign power to give death, the hobbesian
productive State power over life soon reveals that tanatopolitical (racist, destructive,
4
«Racism does make the relationship of war – “if you want to live, the other must die” – function in a way
that is completely new and that is quite compatible with the exercise of biopower. On the one hand, racism
makes it possible to establish a relationship between my life and the death of the other that is not a military
or warlike relationship of confrontation, but a biological-type relationship: “the more inferior species die out,
the more abnormal individuals are eliminated, the fewer degenerates there will be in the species as a whole,
and the more I – as species rather than individual – can live, the stronger I will be, the more vigorous I will
be. I will be able to proliferate”. The fact that the other dies does not mean simply that I live in the sense that
his death guarantees my safety; the death of the other, the death of the bad race, of the inferior race (or the
degenerate, or the abnormal) is something that will make life in general healthier: healthier and purer»
[“Society Must Be Defended”, 17 March 1976, p. 235].
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3. From biopolitics to tanatopolitics: In the paragraph about the prevention of
idleness, for example, the care of the sovereign for the wealth and happiness of his
population becomes a justification not only for encouraging production and commerce and
forcing each individual to work, but also for the practices of colonialism and war. In case of
demographic excess, the State has both the right and the duty to transplant the masses of
poor in other territories or countries «not sufficiently inhabited», whose population has not
the State. And when the situation becomes unsustainable, then «desperate ills demand
desperate remedies»:
And when all the world is overcharged with inhabitants, then the last remedy of all is war; which
Most of all Hobbes express the potentiality of the power of the State over human life
in a passage of De cive (first Latin edition 1642), generally neglected by critics and
historians of thought – which he will not take up in Leviathan (first English edition 1651).
This power is radical, namely it invests human life from its very beginning, from its
definition: the State has the power to decide which life is properly human - which life
deserves to live, to be taken care of by the State, and which life can be killed without a
homicide occurs.
Suppose a woman gives birth to a deformed figure, and the law forbids killing a human being, the
question arises whether the newborn is a human being. The question then is, what is a human
being? No one doubts that the commonwealth will decide. [De cive, XVII.12].
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«Such as have strong bodies […] are to be forced to work; and to avoid the excuse of not finding
employment, there ought to be such laws, as may encourage all manners of arts; as navigation, agriculture,
fishing, and all manner of manufacture that requires labour. The multitude of poor, and yet strong people still
increasing, they are to be transplanted into countries not sufficiently inhabited; where nevertheless, they are
not to exterminate those they find there; but constraint them to inhabit closer together, and not range a great
deal of ground, to snatch what they find; but to court each little plot with art and labour, to give them their
sustenance in due season» [Leviathan, XXX.19].
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The case Hobbes takes here into account regards disabled persons. Hobbes asks if one
should consider as a homicide the killing of those newborns that he calls “deformed
figures”. After him, others have posed (and solved by the means of a sovereign decision)
minority? Nowadays this question is reformulated in those bioethical cases that are still
open in our societies: when does an embryo become a human? When does one commit
homicide if voluntarily interrupt a pregnancy? And again: are persons in coma still human,
are they still living human beings? If one pulls the plug of the machine that makes them
breath, do they commit homicide? Still today our parliaments have the responsibility to
decide on this problems, still today – so it seems – «no one doubts that the commonwealth
will decide».
In modern State, who is not considered fully human can be murdered without a
homicide being committed: Hobbes has grasped this disquieting truth before Michel
Foucault, Giorgio Agamben and Judith Butler. We may extend the question to other
of homicide by their State? Even in these cases, despite Foucault and some of his
followers, the old theory of sovereignty has yet much to say about our contemporaneity.
We should pay attention before deciding to abandon it as an obsolete vestige of the past.
And we should maybe reconsider if in political theory the time «to cut off the king’s head»
For sure, finding traces of biopolitics in the theory and in the practices of
sovereignty since Hobbes means to change our representation of Modern State. In 1927
Carl Schmitt could represent the State in his famous scheme “Hobbes Crystal”:
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Superior part
open to transcendence
unmodifiable human nature – is represented by the closure of the crystal’s base. The need
for life and the fear for dead compel the individuals to stipulate their obedience to the
sovereign, and so the sovereign’s will becomes the unique positive source of justice. But
the superior part of the hexagon is “open to transcendence”, since the sovreign has some
duties towards God. Law is made by authority, not by truth. Nevertheless, the sovereign is
obliged to become interpreter of the truth and to follows natural laws that are God’s will.
For example his laws has to follow the principle «The safety of the people is the supreme
Law», even if he is the only one who can judge what has to be done for the safety of the
people.
government of the sovereign over his population, Schmitt’s scheme becomes inadequate.
If we acknowledge the decision and the productive action of sovereignty over human life
even in Hobbes’ theory, then even the base of the hexagon gets open. Disciplines and
biopowers make the population live, they moulds the form of human life according to
but when a doubt occurs the sovereign pronounces the last word. To represent the power
of Modern State, which still affects us, we should then draw another scheme, the
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biopolitical Hobbes’ crystal. And this should be no more a two-dimensional drawing, but a
and comes to coincide with its upper opening. In a secularised horizon, the salvation of the
political community (the eternal life in Christ) turns into the health of the biological species
(the cult of wealth). The sovereign has the duty to realize the natural purposes of his
population, but firstly he has the duty to interpret those purposes, to decide over them, to
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Bibliography
Michel Foucault:
- Abnormal: Lectures at the College de France 1974-1975, Picador, New York 2003
- The History of Sexuality: The Will to Knowledge vol. 1, Random House, New York 1978
- Psychiatric Power, Lectures at the College de France 1973-1974, Picador, New York
2008
- The Birth of Biopolitics: Lectures at the College de France 1978-1979, Picador, New York
2010
Carl Schmitt, The Concept of the Political, The University of Chicago press, Chicago 1996
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