In his work Leviathan (1651), Thomas Hobbes established that the essential function of the State consists in guaranteeing order and security through a social pact in which individuals give part of their freedom in exchange for protection.
This contract, according to Hobbes, legitimizes the existence of a strong sovereign power – Leviathan -, responsible for preventing society from returning to the state of nature, characterized by anarchy, violence and the law of the strongest.
In the 21st century, when the weakening of the rule of law becomes increasingly evident in different parts of the globe, that covenant seems to be betrayed.
From the judicialization of politics to the selective use of the law by authoritarian governments, through the increase in structural corruption, the co-optation of institutions and the erosion of judicial independence, the symptoms of this legal-political deterioration affect both consolidated democracies and hybrid regimes. This situation not only mine citizen trust in institutions, but undermines stability pillars on which international relations and markets are built.
In geopolitical terms, the weakening of the rule of law alters the balance of international power. The state and non -state actors that operate in a framework of impunity find margin to act without consequences. The proliferation of prolonged internal conflicts – such as cases of Sudan, Haiti or Myanmar – finds fertile ground in contexts where the judiciary is ineffective or subordinate. This institutional fragility favors the expansion of transnational networks of organized crime, forced migration and terrorism, challenging the capacities of the international system to respond with effective global governance mechanisms.
In the geoeconomic level, legal insecurity slows direct foreign investment, discourages trade and exacerbates inequality. Companies face unpredictable scenarios, where the rules change arbitrarily or do not apply equity. International treaties lose efficacy when the national courts cannot or do not want to enforce them, and commercial litigation multiply due to the lack of reliable mechanisms for the resolution of disputes. Similarly, the risk-pais rating is affected, more expensive access to international financing.
Socially, the impact is devastating. Distrust in institutions leads to civic withdrawal, polarization and political radicalization. When the citizen perceives that the State no longer guarantees their rights or limits the abuse of power, the social fabric disintegrates. This feeds populist and authoritarian movements that promise order at the expense of freedoms, closing the vicious circle of institutional weakening.
In the current state of constant disruption – characterized by prolonged wars, climate change, technological disruption and global economic shocks – respect for the rule of law is not a normative luxury, but a structural need. It represents the invisible cement that allows cooperation, stability and sustainable development. Without it, the Hobbesian social contract falls apart, and with it, the promise of a peaceful coexistence under the protection of the Leviathan.
Recovering the solidity of the rule of law requires more than technical reforms. It implies a sustained political will, a vigilant citizenship and an international community committed to the promotion of impartial, transparent and accessible institutions. Hobbes warned that, without a solid legal framework, “man is a wolf for man.”
That warning is still in force. When governments weaken the law, they not only betray the founding pact of modern political life, but also condemn their societies to the uncertainty of a world without rules. A world, ultimately, governed by force, not by law.
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