„Człowiek szalony powiedział sobie, w swym sercu, że nie ma takiej rzeczy, jak sprawiedliwość…”

Abstract

“The fool hath said in his heart, there is no such thing as justice…” In Favor of Transcendental State. Several other Arguments in Dispute with Hobbes This paper is one of several articles focused on the theory of contract and the foundations of the modern liberal society. It is a continuation of the pervious paper: Why the Anglosaxon do not like Foucault? The text consists of two major parts. First is an analysis of a modern attempt to defend contractarianism by such authors as D. Gauthier, G. Kavka, J. Hampton, K. Hoekstra, M. Oakeschott, S.M. Brown and their argumentation, especially an attempt to interpret Hobbes in game theory categories. It is discredited as full of logical errors. In the second part, two new arguments against the theory of contract are introduced: (I) historical one – reality proved that human act rather conversely than Hobbes wanted them to, and (II) logical – based on the priority of mutuality rule as fundamental in human cognition.