1. The
State of Nature (Warre)
2. Covenant
3. Law,
Civil Society, and the Common-wealth
4. The
Sovereign
The solution is to be found
in Passions + Reason
"The passions that
incline men to peace are fear of death; desire of such things as are necessary
for commodious living; and a hope by their industry to obtain them. And reason
suggesteth convenient articles of peace, upon which men may be drawn to
agreement."
Hobbes on the right of nature
(i.e. basic fact of human nature)
The right of nature “is the liberty
each man hath, to use his own power, as he will himself, for the preservation
of his own nature; that is to say, of his own life."
Rights and Laws or “Jus Naturale"
and "Lex Naturalis"
Hobbes defines a law of
nature as " a precept or general rule, found out by reason, by which a man
is forbidden to do that, which is destructive of his life, or taketh away the
means of preserving the same".
Laws of nature
1. "every
man, ought to endeavour peace, as far as he has hope of obtaining it; and when
he cannot obtain it, that he may seek, and use, all helps, and advantages of
war."
2. "a
man [must] be willing, when others are so too, as far-forth, as for peace, and
defence of himself he shall think it necessary, to lay down this right [of
nature] to all things; and be contented with so much liberty against other men,
as he would allow other men against himself."
3. "that
men perform their covenants made."
But Laws of nature are only theorems of political
science concerning what is necessary for self-preservation. They are not State laws, which require
political authority and the credible threat of force.
"covenants, without the sword, are but words, and
of no strength to secure a man at all." (109)
These dictates of
Reason, men use to call by the name of Lawes, but improperly: for they are but
Conclusions, or Theoremes concerning what conduceth to the conservation and
defence of themselves; wheras Law, properly is the word of him, that by right
hath command over others. But yet if consider the same Theoremes, as delivered
in the word of God, that by right commandeth all things; then they are properly
called Lawes. Leviathan, ch. 15, p. 111
Laws of the State or Civil (positive) Laws
For the laws of
nature of themselves and without terrour of some power, to cause them to be
observed, are contrary to our natural passions, that carry us to Partiality,
Pride, Revenge and the like. Covenants without the sword, are but words, and of
no strength to secure a man at all. Therefore notwithstanding the laws of nature…,
if there be no power erected, or not great enough for our security; every man
will, and may lawfully rely on his own strength and art, for caution against
all other men. (17, 117-118)
The Law of
Nature, and the Civill Law, contain each other, and are of equall extent. For
the Lawes of Nature...in the condition of meer Nature (as I have said before in
the end of the 15th Chapter) are not properly Lawes, but qualities that dispose
men to peace, and to obedience. When a Common-wealth is once settled, then they
are actually Lawes, and not before; as being then the commands of the
Common-wealth; and therefore also Civill Lawes: For it is the Sovereign Power
that obliges men to obey them. Leviathan ch. 26, p. 185
The Sovereign
The only way to
erect such a Common Power…is, to conferre all their power and strength upon one
Man, or upon one Assembly of men, that may reduce all their Wills, by plurality
of voices, unto one Will: which is as much to say, to appoint one Man, or
Assembly of men, to beare their Person; and everyone to owne, and acknowledge
himselfe to be Author of whatsoever he that so beareth their Person, shall Act,
or cause to be Acted, in those things which concerne the Common Peace and
Safetie; and therein to submit their Wills, everyone to his Will, and their
Judgement, to his Judgement. This is more than Consent, or Concord; it is a
reall Unitie of them all, in one and the same Person, made by the Covenant of
every man with every man, in such manner, as if every man should say to every
man, I Authorise and give up my Right of Governing my selfe, to this Man, or to
this Assembly of men, on this condition, that thou give up thy Right to him,
and Authorise all his Actions in like manner. Leviathan, ch. 17, p. 120