Hobbes - Social Contract

The Right of Nature (Jus Naturale) is defined as the liberty each individual possesses to utilize their own power to preserve their life. This means acting according to one’s own judgment and reason.

Liberty encompasses the absence of external impediments to action. External impediments may restrict part of a person’s power to act, but they do not prevent the use of the remaining capacity based on individual judgment.

A Law of Nature (Lex Naturalis) is a principle derived from Reason, prohibiting actions that threaten one’s preservation or life. It forbids harmful actions and necessitates the pursuit of actions that safeguard life.
The distinction between Right and Law is emphasized: Right pertains to the freedom to act, while Law binds an individual to specific actions, establishing a relationship akin to Obligation and Liberty, which are fundamentally opposed regarding actions.

In a state of nature characterized as a condition of war where everyone's judgment prevails, each individual possesses a right to everything, including the bodies of others. Therefore, security in life remains elusive as long as this natural right persists.

From this condition arises a fundamental precept: individuals should strive for peace whenever possible, but when peace cannot be achieved, one is justified in resorting to all means available for self-preservation.
The first natural law: Seek Peace and Follow It.
The second natural law emerges from the first: individuals may relinquish their natural rights to ensure peace among individuals, as long as others agree to do the same. Failure of uniformity in giving up rights perpetuates a condition of warfare.

Laying down a Right means renouncing one’s liberty to impede another from enjoying their rights, thus facilitating mutual coexistence.

Rights may be laid aside by simple Renunciation (indifference to who benefits) or by Transfer (aimed at a specific individual). Once a right is renounced or transferred, the individual is bound not to hinder the benefactor from enjoying those rights, failing to do so constitutes Injustice.

Certain essential rights (like self-defense) cannot be relinquished, as they conflict with the fundamental instinct of self-preservation. Renunciation of rights can only occur with an understanding of how that sacrifice serves self-interest.
Contracts (the mutual transfer of rights) serve as the foundation for social contracts and covenants.

Covenants are void when based solely on mutual trust in a state of nature due to the inevitable presence of fear and suspicion unless an overarching power governs them. In the absence of such a power, voluntary performance is rooted in the threat of coercion.

To transfer a right inherently includes transferring means necessary for its enjoyment. A seller of property implicitly transfers the ability to utilize that property.

Forming contracts with animals is impossible due to their inability to understand rights and agreements. Similarly, contracts with God require divine mediation, as human understanding of divine acceptance is limited.

Covenants must concern prospective and possible actions for them to be binding and valid. A promise deemed impossible does not constitute a valid covenant.

Covenants made under duress are still binding and cannot be revoked without just cause arising after the covenant is established.

A covenant with one party becomes void with subsequent promises to another, emphasizing the sequential nature of rights and promises.

Any agreement not to defend oneself against violence or coercion remains void, reflecting the inherent right to self-preservation.

The concept of justice arises from the requirement that men uphold their covenants, distinguishing just acts from unjust ones. Justice resides in the observance of agreements, necessitating a common power to enforce covenants and maintain societal peace.
The institution of a commonwealth stands as a solution to the inherent conflicts of human nature, where a sovereign, established through collective agreement, holds the authority necessary to maintain peace and defense.