Leviathan · Chapter
Of the Rights of Sovereigns by Institution explained
This chapter outlines the rights and faculties derived from the institution of a commonwealth by covenant.
What happens
This chapter outlines the rights and faculties derived from the institution of a commonwealth by covenant. Hobbes argues that subjects cannot make a new covenant without the sovereign's permission, that the sovereign makes no covenant with subjects and thus cannot breach it, that dissenters must consent to the majority's choice, that the sovereign can do no injury to subjects, that the sovereign cannot be justly punished, and that the sovereign has the right to judge opinions and doctrines for the sake of peace.
Themes in this chapter
Sovereignty and Absolute Power
Hobbes derives absolute rights for the sovereign from the institution of the commonwealth, including the right to judge doctrines and the impossibility of the sovereign committing injustice against subjects.
Liberty and Obligation
Subjects are bound by their covenant to authorize all sovereign actions; they cannot make new covenants or depose the sovereign without injustice, and dissenters must submit to the majority.
Human Nature and Passions
Hobbes notes that men's passions and self-love magnify grievances, while they lack the foresight to see the miseries of civil war, justifying the sovereign's power to compel contributions for defense.
Key passages
“A 'commonwealth' is said to be 'instituted,' when a 'multitude' of men do agree, and 'covenant, everyone, with everyone,' that to whatsoever 'man,' or 'assembly of men,' shall be given by the major part, the 'right' to 'present' the person of them all, that is to say, to be their 'representative'; everyone, as well he that 'voted for it,' as he that 'voted against it,' shall 'authorize' all the actions and judgments, of that man, or assembly of men, in the same manner, as if they were his own, to the end, to live peaceably amongst themselves, and be protected against other men.”
A commonwealth is created when a group of people mutually covenant to authorize a chosen man or assembly to represent them all, with each person—whether they voted for or against—agreeing to own all actions of that representative, aiming for peace and mutual protection.
This defines the foundational act of instituting a sovereign by unanimous covenant.
“The opinion that any monarch receiveth his power by covenant, that is to say, on condition, proceedeth from want of understanding this easy truth, that covenants being but words and breath, have no force to oblige, contain, constrain, or protect any man, but what it has from the public sword; that is, from the untied hands of that man, or assembly of men that hath the sovereignty, and whose actions are avouched by them all, and performed by the strength of them all, in him united.”
The belief that a monarch's power is conditional on a covenant stems from ignorance that covenants are powerless without the sovereign's sword to enforce them; only the sovereign's united strength gives covenants force.
Hobbes argues that sovereign power cannot be limited by prior covenant, as covenants depend on sovereign enforcement.
“For all men are by nature provided of notable multiplying glasses, that is their passions and self-love, through which every little payment appeareth a great grievance; but are destitute of those prospective glasses, namely, moral and civil science, to see afar off the miseries that hang over them, and cannot without such payments be avoided.”
People naturally magnify small burdens through passion and self-interest, but lack the moral and political wisdom to foresee the greater calamities—like civil war—that only such payments can prevent.
Hobbes justifies sovereign taxation by contrasting short-sighted grievances with the long-term benefits of peace.