Throughout my first Laidlaw summer of research, I have completed a literature review with various texts in the fields of political philosophy, queer theory, legal documents, and Italian history. One book I have focused on specifically is Leviathan by Thomas Hobbes, including “Chapter XIII: Of the Natural Condition of Mankind Concerning their Felicity, and Misery.” This chapter proved incredibly useful and relevant to my examination of queer identity in the context of the Italian legal system, as it painted a picture of the relationship between individual personhood and civilization. While I do not agree with every point Hobbes lays out in this chapter, his perspective is an influential one to take into consideration when analyzing legal documents and systems. In Chapter XIII, Hobbes argues that without a system of government in place, humankind naturally resorts to a state of war with “every man against every man.” Furthermore, he goes on to state that “Where there is no common power, there is no law: where no law, no injustice,” and that even personal property and possessions cannot exist without the presence of a government. By extension, without the presence of law, justice, nor personal possession, Hobbes argues that individual personhood cannot exist outside of a governmental structure.

This reading inspired me to further consider the role a personal identity plays in a legal system, and more specifically, the role queer identity plays in the Italian legal system. Is Hobbes right in saying that true personhood and justice cannot exist without the law? If so, the law holds tremendous power in defining these concepts, and the development of queer identity cannot exist outside of the legal system that discriminates against it. On the other hand, if Hobbes is incorrect and individual personhood precedes the creation of law, the Italian law holds no right to deny queer citizens of the rights and protections that heterosexual Italian citizens enjoy as a result of the contract between Italian citizens and the government (in which citizens give up total freedom for the protections of their government).