Leviathan · Chapter
XV: Of Other Laws of Nature explained
Hobbes derives additional laws of nature from the fundamental law of seeking peace, including the obligation to perform covenants (the foundation of justice), the need for a coercive power to enforce covenants, the distinction between justi
What happens
Hobbes derives additional laws of nature from the fundamental law of seeking peace, including the obligation to perform covenants (the foundation of justice), the need for a coercive power to enforce covenants, the distinction between justice in foro interno and in foro externo, and the laws of equity, modesty, and acknowledgment of natural equality. He argues that justice and property only exist within a commonwealth, and that moral philosophy is the science of the laws of nature.
Themes in this chapter
Justice and Law
Hobbes defines justice as the performance of covenants and injustice as the breach of valid covenants, emphasizing that justice only exists within a commonwealth with coercive power.
State of Nature and Social Contract
The chapter explores the transition from the state of nature (where all have right to all things) to civil society through covenants, requiring a coercive power to ensure performance.
Human Nature and Passions
Hobbes discusses how passions like fear, vainglory, and the desire for revenge influence human behavior and the need for laws to constrain them.
Characters to notice
- Aristotle
Hobbes criticizes Aristotle's doctrine in the Politics that some men are naturally fit to command and others to serve, arguing that this is contrary to reason and experience.
- Sir Edward Coke
Referenced for a legal principle in his Commentaries on Littleton regarding the descent of the crown despite attainder, used to illustrate reasoning about justice and injustice.
Key passages
“From that law of Nature, by which we are obliged to transfer to another, such rights, as being retained, hinder the peace of mankind, there followeth a third; which is this, "that men perform their covenants made"; without which, covenants are in vain, and but empty words; and the right of all men to all things remaining, we are still in the condition of war.”
From the natural law requiring us to give up rights that obstruct peace, a third law follows: people must keep their agreements. Otherwise, agreements are meaningless, everyone retains the right to everything, and we remain in a state of war.
Hobbes establishes the foundation of justice in the performance of covenants.
“And in this law of Nature consisteth the fountain and original of "justice." For where no covenant hath preceded, there hath no right been transferred, and every man has right to everything; and consequently, no action can be unjust.”
This natural law is the source of justice. Without a prior agreement, no rights have been transferred, so everyone has a right to everything and no action can be called unjust.
Hobbes ties the concept of justice directly to the existence of covenants.
“The fool hath said in his heart, there is no such thing as justice; and sometimes also with his tongue; seriously alleging, that every man's conservation, and contentment, being committed to his own care, there could be no reason why every man might not do what he thought conduced thereunto: and therefore also to make, or not make; keep, or not keep covenants, was not against reason, when it conduced to one's benefit.”
The fool claims that justice does not exist, arguing that since each person is responsible for their own preservation and happiness, there is no reason not to break covenants if it benefits them.
Hobbes addresses the objection that injustice might be rational, using the figure of the fool.
“The laws of Nature oblige in foro interno ; that is to say, they bind to a desire they should take place: but in foro externo ; that is, to the putting them in act, not always.”
The laws of nature bind internally, meaning they require a sincere desire for them to be followed, but they do not always bind externally, meaning they do not require action when doing so would lead to self-destruction.
Hobbes distinguishes between internal obligation to the law and external performance, depending on security.
“The laws of Nature are immutable and eternal; for injustice, ingratitude, arrogance, pride, iniquity, acception of persons, and the rest, can never be made lawful.”
The laws of nature are unchanging and everlasting; actions like injustice, ingratitude, and pride can never become lawful.
Hobbes asserts the eternal and immutable character of the laws of nature.
“And the science of them is the true and only moral philosophy. For moral philosophy is nothing else but the science of what is "good" and "evil," in the conversation and society of mankind.”
The study of these laws is the only true moral philosophy, which is the science of good and evil in human society.
Hobbes defines moral philosophy as the science of the laws of nature.
