An Eclectic Set of Academic Musings-

An Eclectic Set of Academic Musings-

Friday, June 21, 2013

The Dangers of A Hobbesian Leviathan and The State of Exception


Early one morning, you awake to the sound of galloping horses permeating the walls of your small, dark, cottage in the English countryside. You cower beneath the windowpane as you steal a glance out through the dirty glass. You see soldiers milling in the town square but cannot distinguish if they are Parliamentarian Roundheads, or Royalist Cavaliers. You duck beneath a chest when the soldiers shift their gaze towards your cottage, unsure of their intentions. Either party could be here to recruit supporting men, but could just as easily be planning an attack. There is no consistent justice as each party has different views of such. You think to yourself, “To this warre of every man against every man this also is consequent…nothing can be Unjust. The notion of right and wrong, justice and injustice have there no place.”[1] You can no longer trust anyone, not even the neighbors you grew up next to; you never know who they support. Your heart skips a beat, as if it thinks they might leave if it stays quiet. You become frozen with fear for your security and crumble under the anxiety the uncertainty each day brings.    
            This state, the ‘state of nature’ as defined by Thomas Hobbes, was the condition in which the philosopher lived the majority of his life. Determined to resolve the moral issue of civil war, Hobbes constructs the social contract in which citizens give up individual liberties to gain access to the benefits (security) of a state with a unified, ruling force. However, in trying to solve the security dilemma of civil wars, Hobbes puts into place a force that could be just as vicious and brutal as Hobbes’ state of nature. As explored in Georgio Agamben’s The State Of Exception, individuals lose their security as Hobbes’ aristocratic Leviathan inevitably succumbs to the natural impulse towards self-interest and is corrupted by absolute power. Such can be proven by the recent state of exception entered into in Nov. 2012 by Egyptian president Mohamed Morsi.  By expanding his presidential authority and removing his actions from the scope of judicial review, Morsi’s use of the state of exception positions him as a modern-day Leviathan, on the road to complete totalitarianism.
Born in an era of brutal, British civil wars, Thomas Hobbes was constantly afraid for his safety and unsure where the next attack might strike. Hobbes cowers beneath the covers as the Parliament stages an uprising against the King. With memories of the Guy Fawkes rebellion still looming in the minds of many, King Charles is tried and executed by Parliament and civil wars between Catholics and Protestants wage on. With the execution of the King comes the denouncement of the ‘Divine right of Kings’ a previously-held belief that exalts sovereign rulers as divinely chosen for the duty of ruling, by God himself. Additionally, the public idea of natural subordination begins to dissipate. Discontent with the idea that some individuals may be natural-born followers, citizens begin to question their government. Lines are drawn, sides are chosen, and conventions are discarded. And so, Hobbes’ social theory is born in response to the upheaval of concepts that previously dominated the social and political spheres.
Hobbes can barely handle this radical instability. He lives in perpetual fear of looming attacks. He concludes that the state of nature is a state of war. A state in which one must always be prepared to defend one’s Right of nature (the liberty to self preservation at all costs).  Hobbes claims that “… the life of man, (is) solitary, poore, nasty, brutish, and short”[2] when existing in a state of nature. He theorizes that no civil society can exist successfully in this state because no luxury or industry can be afforded with such incessant fear of attack living permanently, in the forefront of the mind. He believes that war is not simply violence, but the mental state of constant fear and anxiety of attack. Hobbes’ anxiety spills over into his perspective on human nature as he begins to consider humans as they are naturally (outside of society). Hobbes has a bleak view of human nature and sees humans as capable of very immoral things. He reasons that war is driven by self-interest, and humans, consumed as they are with self-interest, therefore occupy a natural state of war. Hobbes then concludes that war is a moral problem.
Casting away the tenants of both Catholic and Protestant faiths, Hobbes sets out to use reason alone to support his theory of natural law, in order to provide insight into human nature and thus create a solution for the moral issue of civil war.  He argues that “Where there is no common power, there is no Law…”[3] and that what is missing from nature is one, over-arching, unified, force. This force, Hobbes claims, is the Leviathan: an all-powerful sovereign to strictly enforce laws and to serve as a single figure for all citizens to fear in a unified manner. Hobbes cannot accept a government based on a civil rebellion, as such will justify rebellion as the accepted mode of political expression and perpetuate the internal warring. Hobbes thus introduces the social contract, a construct of civil society in which individuals forgo their liberties to the right of nature by leaving their state of nature and ascribing to one predictable leader, in order to gain the security of a civil society.
While the Leviathan may temporarily help Hobbes’ security dilemma, there seems to be something unsettling about this prudentially-driven theory, given Hobbes’ previously admitted, pessimistic views of human nature. It seems that Hobbes is operating on the lower levels of Maslow’s hierarchy of needs in order to fulfill his need for security, and is therefore incapable of seeing the self-actualizing qualities required for a thriving civil society, such as morality, respect for others, lack of prejudice etc., that the Leviathan figure lacks.  However, given Hobbes’ setting of social upheaval as combined with his near obsession for security, it is not surprising the philosopher has missed a few stitches in his theoretical knit-work.  And so, ignoring the possible repercussions, Hobbes transcends traditional laws to instate an all-powerful leader, in order to allow him to solve society’s crisis. The issue here is, once this threshold of power is reached, there is no going back.
Cue Georgio Agamben and his State of Execption. Agamben’s 2005 book, The State Of Exception, outlines precisely this problem.  According to the Italian philosopher, “In every case, the state of exception marks a threshold at which logic and praxis blur with each other and a pure violence without logos claims to realize an enunciation without any real reference”[4] In other words, Agamben argues that when the laws of a state are bent, suspended, or extended, with the intention of remedying a state of emergency, (this is by definition, the state of exception) the state rarely shifts back. Instead, the state remains in a prolonged state of exception, which eventually strips citizens of their liberties.
Hobbes intends and expects his Leviathan to consistently, and justly, use his extended power to solve the social crisis in the community. However, Hobbes does not count on the inevitability of human corruption in response to total power. This is the reason the state of exception characteristically descends into totalitarian dictatorships. While modern ‘Leviathan’ leaders claim to use their unrivaled power to safeguard the society (often under the guise of a controlled and ‘protected’ democracy), Agamben states, “A "protected democracy" is not a democracy at all, and the paradigm of constitutional dictatorship functions instead as a transitional phase that leads inevitably to the establishment of a totalitarian regime.”[5]  Ironiclly, citizens will thus lose the communal benefits, for which they sacrificed their individual liberties to attain in the first place. Proving, that without a true democracy, the social contract itself is a farce. These citizens would have been better off in their original state of nature, taking their chances against each other in internal civil war, than delivering power to an almighty ‘defender’. Once the state of exception has been breached, these citizens will not only be left without security, but they will have to fight a civil war against the government while simultaneously guarding themselves against the masses of un-unified individuals. Agamben agrees in saying, “…modern totalitarianism can be defined as the establishment, by means of the state of exception, of a legal civil war that allows for the physical elimination not only of political adversaries but of entire categories of citizens who for some reason cannot be integrated into the political system.”[6]  So it would seem, that Hobbes is pulling himself out of the pan by throwing himself (and everyone else) into the fire, by propositioning his Leviathan.  Benjamin Franklin once said “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”[7]  The matter of deserving aside, The fact remains that Hobbes’ society will receive neither liberty nor safety under rule of the Leviathan.
Agamben uses historical examples such as The French Revolution; the governments of each of the warring nations of World War I; and Article 48 of Germany’s Weimar constitution (which he claims inevitably positioned Hitler’s Nazi regime to take hold), to better outline his theory of exception.[8] However, one does not need to turn to history books to recount the role played by the state of exception in the emergence of various totalitarian regimes. Such a dilemma can be seen unfolding presently in Egypt under the rule of recently-elected president, Mohamed Morsi. 
In 2011 Egyptian citizens staged a successful revolution in response to grievances such as unreasonable state of emergency laws, absence of freedom a speech and general political failure on the part of the Egyptian leaders. The revolution was motivated by the success of the Tunisian revolution and has since become one in a string of Middle-eastern revolutions now being called the “Arab Spring” movement. As a result of the revolution, Egypt has democratically elected Mohamed Morsi (of the Muslim Brotherhood) as it’s new president. In the early months of his presidency, Morsi reinstates an Islamist-stacked parliament, refuses constitutional provisions made by the Supreme Council of The Armed Forces to limit presidential power, and states his desire for a newly drafted constitution altogether. These bold moves “are seen as escalating the power struggle between Morsi…and the military.”[9] according to a recent Al Jazeera report on the matter. Morsi is effectively driving a wedge between the military and the presidency, encouraging the political conditions needed for Agamben’s legal civil war to erupt.
On November 22nd, 2012, Morsi confirms the suspicions of his totalitarian motivations by making a declaration vowing to protect his constituent assembly (currently drafting his new constitution) from judicial interference. The decree consolidates Morsi’s power and immunizes him from judicial review.  Morsi claims this decree works to support the revolutionary goals of abolishment of the old regime, as well as "principles of freedom, justice and democracy."[10]  However, the leader’s declaration to “take the necessary actions and measures to protect the country and the goals of the revolution[11] sounds more like Morsi’s Leviathan-esque grab for political power via the state of exception.  In response to public opposition, Morsi has stated repeatedly that the decree is temporary, as its effects will only hold until after the constitution is ratified. Luckily for Egypt, the citizens aren’t buying it.  As if the Egyptians have read Agamben’s book, the public’s reaction seems to imply that these citizens are completely aware (although outraged) of what Morsi is up to.  Refusing to allow Morsi the first footholds of power via State of exception (as that foothold has proven to be all it takes for a full-blown totalitarian dictator to immerge), Egyptian citizens have taken to the streets in a second wave of protests and riots.
While the persistent efforts of the Egyptian people to secure a fair, democratic government are admirable, installing a leader with exceptionally extended power has led the nation into more turmoil than they bargained for.  With the country buzzing with tension and civil unrest, conditions seem prime for both a citizen’s war of rebellion, and a legal civil war between the military and presidency.  And thus, The Egyptians find themselves in a state worse than nature. The nation still suffers civil discord, but the citizens suffer a loss of liberties as well. With hopes of increased security dashed, Egypt must now strong arm Morsi out of his extended power if they hope to avoid his unbridled control.
While Hobbes may have been mistaken in promoting a Leviathan to quell civil squabbling, he was certainly correct in his fear of perpetual civil war.  Egypt has become the living, breathing realization of Hobbes’s worst nightmare, as it has become evident that rebellion and protest have each assumed an accepted role as legitimate modes of political expression in the restless nation.  From a personal standpoint, the Egyptian protestors could be viewed as courageous or inspiring for repeatedly standing up to a failed government. However, from a political point of view, Egypt can be seen as an organizational atrocity. The nation has developed strong ties of unity, which bind the community together via a shared animosity for centralized government.  Yet the direct result of such is a distrust for those in charge, fostered by a disconnect between leaders and citizens.  What then, will happen when Egypt eventually elects the honorable, democratic leader they hope for, and he puts into place a tax, law, or procedure that irks the citizens?  Will a population, trained in rebellion and learned in it’s past success, simply turn to picket lines and riots every time a piece of legislation does not suit them?  It seems that only a true democracy, driven directly by the people, can pull Egypt, and Hobbes, from civil unrest.



[1] Hobbes, Thomas. Leviathan (1651) chaps. 13
[2] Hobbes, Thomas, Solving The Problem Of Civil War. (sec.13)
[3] Hobbes, Thomas, Solving The Problem Of Civil War. (sec.13

[4] Agamben, Georgio. The State Of Exception p. 40
[5] Agamben, Giorgio. "A Brief History of the State of Exception." University of Chicago Press, n.d. Web. 18 Dec. 2012.
[6] Agamben, Giorgio. State of Exception. Chicago: University of Chicago, 2005. 2. Print
[7] Benjamin Franklin
[8] "Giorgio Agamben. The State of Exception - Der Ausnahmezustand." Giorgio Agamben. The European Graduate School, n.d. Web. 18 Dec. 2012.
[9] "Egypt's president asserts authority over army". Al Jazeera. 12 August 2012. Archived from the original on 12 August 2012. Retrieved 12 August 2012.
[10] "English Text of Morsi's Constitutional Declaration - Politics - Egypt - Ahram Online.". Ahram Online, n.d. Web. 18 Dec. 201
[11] see footnote 9

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