Locating Sovereignty in Systems of Divided and Limited Government
Thomas Hobbes famously mounted a regress argument intended to show that unless sovereignty is undivided and unlimited, stable and effective government is impossible. This chapter examines the implications of that argument for complex systems of government such as that of the United States and makes the case that such systems may evade the dilemma Hobbes poses if they are determinately rule-governed. The discussion covers such elements of Hobbes’s view as the sovereign as an artificial person, the puzzle of the sovereign assembly, Hobbes’s arguments against both divided sovereignty and limited sovereignty, and the location of sovereignty in complex systems. It also notes that enforcement power must follow the location of decision authority, and asks who bears moral responsibility for the sovereign’s actions in complex systems.