No Rule of Law without the Hobbesian State

Abstract Two functions of the Hobbesian state are essential (though not sufficient) for the existence and protection of the rule of law: nonarbitrariness and enabling individuals to make autonomous long‐term plans. This view matters in times of uncertainty about the state's relevance and existence. However, when either composing or performing the requiem for the state, the accounts I discuss in this article neglect and overshadow crucial rule‐of‐law desiderata. They do this because they see the state and the rule of law as either incompatible or independent of each other. However, I show that there is no rule of law without at least the Hobbesian state.