Leviathan · Chapter
Of the First and Second Natural Laws, and of Contracts explained
Hobbes defines the right of nature as the liberty each man has to use his own power for self-preservation, and distinguishes it from a law of nature, which is a precept of reason forbidding what is destructive to life.
What happens
Hobbes defines the right of nature as the liberty each man has to use his own power for self-preservation, and distinguishes it from a law of nature, which is a precept of reason forbidding what is destructive to life. From the state of war of all against all, he derives the first fundamental law of nature: to seek peace. From this follows the second law: that a man must be willing to lay down his right to all things when others are also willing, for the sake of peace and self-defense. He explains how rights are renounced or transferred, leading to obligation and the concept of contract, covenant, and oath, noting that covenants are strengthened by fear, especially fear of invisible power.
Themes in this chapter
State of Nature and Social Contract
Hobbes derives the first and second laws of nature from the condition of war of everyone against everyone, establishing the foundation for social contract through mutual transfer of rights.
Human Nature and Passions
The chapter discusses how fear (of invisible power or of other men) and pride are the only helps to strengthen covenants, reflecting Hobbes's view of human passions.
Liberty and Obligation
Hobbes distinguishes liberty (absence of external impediments) from obligation (being bound by renouncing or transferring right), and explains how contracts create duty and injustice.
Key passages
“The right of Nature, which writers commonly call jus naturale, 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; and consequently, of doing anything, which in his own judgment and reason he shall conceive to be the aptest means thereunto.”
The natural right (jus naturale) is the freedom each person has to use their own power as they see fit to preserve their own life, and to do whatever they think is the best way to achieve that.
Hobbes defines the right of nature as liberty for self-preservation.
“A law of Nature, lex naturalis, is 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; and to omit that, by which he thinketh it may be best preserved.”
A law of nature is a rational rule that forbids a person from doing anything that destroys their life or removes the means to preserve it, and commands them to do what they think best preserves it.
Hobbes distinguishes law of nature (obligation) from right of nature (liberty).
“From this fundamental 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 far-forth, as for peace, and defence of himself 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 himself.”
From the first law to seek peace comes the second: a person should be willing to give up their right to everything, when others are also willing, to the extent necessary for peace and self-defense, accepting only as much liberty as they would allow others.
The second law of nature requires mutual renunciation of rights for peace.
“The mutual transferring of right, is that which men call contract.”
When two parties transfer rights to each other, that is called a contract.
Hobbes defines contract as mutual transfer of right.
“The force of words being, as I have formerly noted, too weak to hold men to the performance of their covenants; there are in man's nature but two imaginable helps to strengthen it. And those are either a fear of the consequence of breaking their word, or a glory or pride in appearing not to need to break it.”
Words alone are not strong enough to make people keep their promises; only two things in human nature can help: fear of the consequences of breaking a promise, or pride in not needing to break it.
Hobbes argues that fear and pride are the only supports for keeping covenants.