Leviathan: Key Concepts (State of Nature to Subversive Doctrines)
State of Nature
Nature makes men equal in body and mind; differences exist but do not justify claiming exclusive benefits.
Even if some are stronger or smarter, no one can claim a universal advantage over others.
Three principal causes of quarrel: competition, diffidence, glory.
War of every man against every man: life in this state is "solitary, poor, nasty, brutish, and short"; no industry, no culture, no society.
In the state of nature there is no justice; force and fraud are the cardinal virtues.
People arm themselves, lock doors, and guard possessions, illustrating distrust and the absence of a common power.
The passions are not sins; law requires a common power to set them within bounds.
Savage primitives without government illustrate the condition of war when there is no sovereign power.
Conclusion: without a common power to awe, life is war of all against all.
The Laws of Nature and The Social Contract
The law of nature (lex naturalis) is a rational precept found by reason to preserve life: seek peace and preserve oneself.
The fundamental law of nature: seek peace as far as you hope to obtain it; and, if peace is impossible, defend yourself by all means.
The second law of nature: lay down the right to all things, and be content with so much liberty against others as you would allow them against you.
From these, the right of nature yields to the formation of covenants: transfer or renounce rights by signs (words or actions) so as to secure mutual preservation.
A covenant is invalid if it forbids self-preservation (e.g., a covenant not to defend oneself from force).
It is unlawful to bind oneself to accuse oneself or to endure torture; testimony given under coercion is not a reliable basis for obligation.
The covenant without a sword cannot secure peace; laws require a sovereign power to enforce them.
The Golden Rule: quod tibi fieri non vis, alteri ne feceris; the Gospel rule: to seek peace and defend life.
The Commonwealth
The end of binding to a commonwealth is preservation and a more contented life by escaping the warlike condition.
A commonwealth is formed when all submit their wills to one sovereign (one person or one assembly) who bears their person and defines the common peace and defense.
Leviathan: the mortal god who secures peace and defense under a common authority.
Commonwealth by institution: voluntary submission by covenant.
Commonwealth by acquisition: power gained by conquest.
The sovereign’s authority is absolute within the bounds of preserving peace and defense; subjects cannot depose the sovereign without returning to war.
The sovereign’s acts are the acts of the whole, since every subject authorizes the sovereign’s power by covenant.
The sovereignty is indivisible in practice; dividing power dissolves the commonwealth.
Rights of the Sovereign
The sovereign’s rights are to bear the person of all, judge and determine judgments, and decide what is lawful and unlawful for the commonwealth.
The sovereign makes and repeals laws; the sovereign is not subject to civil laws.
Some rights cannot be transferred without undermining the sovereign’s ability to protect; e.g., redistribution of the militia or the judicature would undermine the state.
The sovereign determines doctrine (to maintain peace) and the reserve to regulate opinions; this prevents civil war from doctrinal disputes.
The sovereign must decide what constitutes propriety (meum and tuum) and adjudicate disputes; these civil laws derive their authority from the sovereign.
The sovereign’s power can be mortal (subject to foreign war or internal discord), but its purpose remains peace and protection.
Liberty of the Subject
Liberty of the subject means freedom to do those things that the sovereign has not forbidden.
It does not mean freedom from laws altogether, nor exemption from the sword of the sovereign; laws require enforcement by power.
The liberty includes choosing residence, occupation, diet, and educating children, among other private matters, provided they do not violate civil laws.
The sovereign may command life-and-death actions in some cases; however, the right to resist is preserved in acts necessary for self-preservation.
Even when the sovereign commands actions that seem contrary to equity (e.g., execution of innocents), individuals may still have liberty to resist to preserve life; ultimate security comes from the sovereign’s protection, not private justice.
Civil Law and Natural Law
Civil law is the general rule commanded by the commonwealth to distinguish right and wrong; it is the written or signified will of the sovereign.
Law of nature and civil law are not distinct kinds but interdependent; natural law informs civil laws, and civil laws implement natural law.
The legislator is the sovereign (monarch or the people’s assembly); the sovereign alone can create or abrogate laws.
The sovereign’s commands become the interpretation of natural law for the time and place; judges must apply the sovereign’s reasoning.
Custom becomes law only by the sovereign’s consent or silence; law is not merely long-standing practice but the sovereign’s will.
The interpretation of natural law depends on the sovereign’s sentence; the judge’s role is to apply the sovereign’s law.
The law of nature remains universal, but its particular application is determined by civil laws and sovereign interpretation.
Subversive Political Doctrines
Several pernicious doctrines threaten peace and civil order:
1) Every private man as judge of good and evil actions (private conscience over public law).
2) Faith and sanctity derive from inspiration rather than reason and law.
3) The sovereign is subject to civil laws.
4) Every private person has an absolute propriety that excludes the sovereign’s rights.
5) The sovereign power may be divided.
These doctrines undermine the unity and authority necessary for peace and protection; they are opposed to the nature of a commonwealth and the rights of the sovereign.
The text argues that law and governance must be grounded in the covenant and the sovereign’s power, not in private judgments or divided authority.