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.