Thomas Hobbes Notes

Thomas Hobbes

Thomas Hobbes (1588-1679)

  • Life dates: 1588-1679.

The Leviathan

  • Leviathan: Published in 1651.
  • Title page includes the phrase: "Non est potestas Super Terram qua Comparetur" (There is no power on Earth to be compared to him).
  • The Leviathan: or The Matter, Forme and Power of a Common-Wealth Ecclesiasticall and Civil.

Condition of Nature

  • Everyone seeks their own selfish pleasures and gratification.

  • There is no morality.

  • No law or justice exists.
    In the Condition of Nature:

  • Constant fighting or fear of being attacked.

  • No sense of security.

Chapter XIII - Of The Naturall Condition of Mankind, As Concerning Their Felicity, and Misery

  • The Incommodites of Such a War:
    • Life without security means no industry, because the fruit of labor is uncertain.
    • No culture of the Earth, navigation, imported goods, commodious buildings, instruments for moving things, knowledge of the Earth, accounting of time, arts, letters, or society.
    • Worst of all is continual fear and danger of violent death.
    • Life of man is solitary, poor, nasty, brutish, and short.

The Solitary, Poor, Nasty, Brutish, and Short Life

  • In a Condition of Nature life is "solitary, poor, nasty, brutish and short."

Chapter XIII. Of The Naturall Condition of Mankind, As Concerning Their Felicity, and Misery

  • In such a war, nothing is unjust.
  • Notions of right and wrong, justice and injustice, have no place.
  • Where there is no common power, there is no law; where there is no law, there is no injustice.
  • Force and fraud are the two cardinal virtues in war.
  • Justice and injustice are not faculties of the body or mind; they relate to men in society, not solitude.
  • No propriety, dominion, or distinction between mine and thine; only what one can get and keep.

Escape from the State of Nature

  • People establish a Commonwealth by mutual consent.
  • Each individual agrees to obey the commands of a common sovereign.

The Sovereign

  • The sovereign could be an individual (monarchy).
  • Or a group such as an aristocracy or democracy.

The Power of the Sovereign

  • Is absolute.
  • Can do no wrong.
  • Answerable to no person.
  • Has the authority to make laws and to punish.
  • Subjects cannot challenge, or society will return to the State of Nature.

Sovereign's Obligation

  • Is to protect the people.
  • If the sovereign fails in this obligation, the obligation of the subject to the sovereign no longer exists.

Basis of Hobbes' Approach

  • Based on egoism and hedonism.

Natural Right (Jus Naturale)

  • You have a natural right to do whatever you want in the state of nature.

Natural Laws (Lex Naturalis)

  • First Natural Law: A person discovers by reason that it is in their interest to obey it.
  • Second Natural Law: A person should be willing to escape the State of Nature and give up the Natural Right to do all things if others do as well, accepting only as much liberty against others as they allow against themselves.

Chapter XIV. Of The First and Second Naturall Lawes, and of Contracts

  • Right of Nature What:
    • The RIGHT OF NATURE, which Writers commonly call Jus Naturale, is the liberty each man hath, to use his own power, as he will himselfe, for the preservation of his own Nature; that is to say, of his own Life; and consequently, of doing any thing, which in his own Judgement, and Reason, hee shall conceive to be the aptest means thereunto.

Chapter XIV. Of The First and Second Naturall Lawes, and of Contracts

  • The Fundamental Law of Nature
    • And consequently it is a precept, or generall rule of Reason, “That every man, ought to endeavour Peace, as farre as he has hope of obtaining it; and when he cannot obtain it, that he may seek, and use, all helps, and advantages of Warre.”
    • The first branch, of which Rule, containeth the first, and Fundamentall Law of Nature; which is, “To seek Peace, and follow it.”
    • The Second, the summe of the Right of Nature; which is, “By all means we can, to defend our selves.”

Chapter XIV. Of The First and Second Naturall Lawes, and of Contracts

  • The Second Law of Nature
    • From this Fundamentall Law of Nature, by which men are commanded to endeavour Peace, is derived this second Law; “That a man be willing, when others are so too, as farre-forth, as for Peace, and defence of himselfe he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men, as he would allow other men against himselfe.”
    • For as long as every man holdeth this Right, of doing any thing he liketh; so long are all men in the condition of Warre. But if other men will not lay down their Right, as well as he; then there is no Reason for any one, to devest himselfe of his: For that were to expose himselfe to Prey, (which no man is bound to) rather than to dispose himselfe to Peace. This is that Law of the Gospell; “Whatsoever you require that others should do to you, that do ye to them.” And that Law of all men, “Quod tibi feiri non vis, alteri ne feceris.”

The Social Contract

  • The State owes its origin to the Social Contract.
  • Reference to Book II of Plato’s Republic where the same issue was brought up.

Chapter XIV. Of The First and Second Naturall Lawes, and of Contracts

  • Contract What
    • The mutuall transferring of Right, is that which men call CONTRACT.
    • There is difference, between transferring of Right to the Thing; and transferring, or tradition, that is, delivery of the Thing it selfe. For the Thing may be delivered together with the Translation of the Right; as in buying and selling with ready mony; or exchange of goods, or lands: and it may be delivered some time after.
  • Covenant What
    • Again, one of the Contractors, may deliver the Thing contracted for on his part, and leave the other to perform his part at some determinate time after, and in the mean time be trusted; and then the Contract on his part, is called PACT, or COVENANT: Or both parts may contract now, to performe hereafter: in which cases, he that is to performe in time to come, being trusted, his performance is called Keeping Of Promise, or Faith; and the fayling of performance (if it be voluntary) Violation Of Faith.

Chapter XIV. Of The First and Second Naturall Lawes, and of Contracts

  • Covenants How Made Voyd
    • Men are freed of their Covenants two wayes; by Performing; or by being Forgiven. For Performance, is the naturall end of obligation; and Forgivenesse, the restitution of liberty; as being a retransferring of that Right, in which the obligation consisted.

Chapter XIV. Of The First and Second Naturall Lawes, and of Contracts

  • Covenants Extorted By Feare Are Valide
    • Covenants entred into by fear, in the condition of meer Nature, are obligatory. For example, if I Covenant to pay a ransome, or service for my life, to an enemy; I am bound by it. For it is a Contract, wherein one receiveth the benefit of life; the other is to receive mony, or service for it; and consequently, where no other Law (as in the condition, of meer Nature) forbiddeth the performance, the Covenant is valid. Therefore Prisoners of warre, if trusted with the payment of their Ransome, are obliged to pay it; And if a weaker Prince, make a disadvantageous peace with a stronger, for feare; he is bound to keep it; unlesse (as hath been sayd before) there ariseth some new, and just cause of feare, to renew the war. And even in Common-wealths, if I be forced to redeem my selfe from a Theefe by promising him mony, I am bound to pay it, till the Civill Law discharge me. For whatsoever I may lawfully do without Obligation, the same I may lawfully Covenant to do through feare: and what I lawfully Covenant, I cannot lawfully break.

The Third Natural Law

  • People perform their covenants made.
  • Or said another way: people perform their contracts.

Chapter XV. Of Other Lawes of Nature

  • The Third Law of Nature, Justice
    • From that law of Nature, by which we are obliged to transferre to another, such Rights, as being retained, hinder the peace of Mankind, there followeth a Third; which is this, That Men Performe Their Covenants Made: without which, Covenants are in vain, and but Empty words; and the Right of all men to all things remaining, wee are still in the condition of Warre.

Chapter XIII. Of The Naturall Condition of Mankind, As Concerning Their Felicity, and Misery

  • The Incommodites of Such a War
    • It may peradventure be thought, there was never such a time, nor condition of warre as this; and I believe it was never generally so, over all the world: but there are many places, where they live so now. For the savage people in many places of America, except the government of small Families, the concord whereof dependeth on naturall lust, have no government at all; and live at this day in that brutish manner, as I said before. Howsoever, it may be perceived what manner of life there would be, where there were no common Power to feare; by the manner of life, which men that have formerly lived under a peacefull government, use to degenerate into, in a civill Warre.

Chapter XIII. Of The Naturall Condition of Mankind, As Concerning Their Felicity, and Misery

  • The Incommodites of Such a War
    • But though there had never been any time, wherein particular men were in a condition of warre one against another; yet in all times, Kings, and persons of Soveraigne authority, because of their Independency, are in continuall jealousies, and in the state and posture of Gladiators; having their weapons pointing, and their eyes fixed on one another; that is, their Forts, Garrisons, and Guns upon the Frontiers of their Kingdomes; and continuall Spyes upon their neighbours; which is a posture of War. But because they uphold thereby, the Industry of their Subjects; there does not follow from it, that misery, which accompanies the Liberty of particular men.

The Law of Nations

  • Chapter XXX, “Of the OFFICE of the Sovereign Representative”
  • “Concerning the Offices of one Soveraign to another, which are comprehended in that Law, which is commonly called the Law of Nations, I need not say any thing in this place; because the Law of Nations, and the Law of Nature, is the same thing. And every Soveraign hath the same Right, in procuring the safety of his People, that any particular man can have, in procuring the safety of his own Body. And the same Law, that dictateth to men that have no Civil Government, what they ought to do, and what to avoyd in regard of one another, dictateth the same to Common-wealths, that is, to the Consciences of Soveraign Princes, and Soveraign Assemblies; there being no Court of Naturall Justice, but in Conscience onely; where not Man, but God raigneth.”