Loi naturelle, révélation et droit des femmes dans le 'De Cive' de Thomas Hobbes : un mariage malheureux

Abstract

This paper takes as its starting point the particular place of woman in the legal norms since Antiquity, including in sacred texts, especially in the legislation on marriage and adultery. We then present, from De Cive, the Hobbes' theistic jusnaturalism as an original attempt to found in God and in reason the laws to which women are subjected. But at the moment of his exegesis of verses 5,31-32 of the Gospel of Matthew on repudiation, it seems that his conceptual arsenal wavers : between temporal reign and divine authority, the figure of Jesus threatens the Hobbesian edifice with collapse. We conclude with the idea that it is still positive legislation around women that crystallizes the crucial problems of the anthropology of law and, more generally, of the relationship between the human and the divine.