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100Hobbes

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HOBBES
NO JUSTICE
OR INJUSTICE
WITHOUT A CONTRACT
Thomas Hobbes (1588-1679)
Independent
scholar
Materialist
Founder of
Social Contract
theory of justice
and politics
The State of Nature
Hypothetical [?] state of “war of every
man against every man…right and
wrong, justice and injustice, have
there no place.” 588
War: “…consists not in the actual
fighting but in the known disposition
thereto…. All other time is PEACE.”
Where “…the life of man [is] solitary,
poor, nasty, brutish, and short.” 588
The State of Nature
“The desires and other passions of man are
in themselves no sin. No more are the
actions that proceed from those passions
till they know a law that forbids them… nor
can any law be made till they have agreed
upon the person that shall make it.”
SO: “Where there is no common power, there
is no law; where no law, no injustice.” 588
The Right of Nature
“…the liberty each man has 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 judgement and
reason, he shall conceive to be the
aptest means thereto.”
Liberty
“…the absence of external
impediments; which impediments
may oft take away part of a man’s
power to do what he would…” 588-9
“To lay down a man’s right to anything
is to divest himself of the liberty of
hindering another of the benefit of his
right to the same.” 589
Law of Nature
“…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 takes away
the means of preserving the same and
to omit that by which he thinks it may
be best preserved.”
1st Law of Nature
In the state of nature, “…as long as this
natural right of every man to
everything endures, there can be no
security to any man…”
SO: “…every man ought to endeavor
peace, as far as he has hope of
obtaining it, and when he cannot
obtain it, that he may seek and use all
helps and advantages of war.” 589
2nd Law of Nature
“…that a man be willing, when others
are so too, as far forth as for peace
and defense 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.” 589
PEACE
Peace is the result of a contract, which
is a mutual surrender of rights or
liberties 589-91.
[War is maximum liberty;
contracts, hence states,
must reduce liberty.]
CONTRACTS (= covenants)
Contracts may be “express or by
inference” 590: by words or silence,
actions or forbearance of action.
No one can lay down the right to use
force in defense of life and liberty. 590
“A covenant not to defend myself
from force by force is always void.”
592
3rd Law of Nature
“that men perform their covenants made”
“And in this law of nature consists the
fountain and original of justice. For where
no covenant has preceded…every man has
right to every thing; and consequently no
action can be unjust.”
“…INJUSTICE is no other than the not
performance [nonperformance] of
covenant.” 593-4
ENFORCEMENT
Since “nothing is more easily broken than a
man’s word” 590, “there must be some
coercive power to compel men…by the
terror of some punishment greater than the
benefit they expect by the breach of their
covenant.” 594
[SO: justice depends on the controlled use of
violence within the state, which remains in
a state of war with other states.]
REBELLION
“He, therefore, that breaks his
covenant…cannot be received into
any society that unite themselves for
peace and defense…”
“…attaining sovereignty by rebellion…it
is manifest that…by gaining it so
others are taught to gain the same in
like manner, the attempt thereof is
against reason.”
[The Hobbesian Dynamic]
1. It is rational for people to join in selfdefensive polities (cities, states,
etc.).
2. It is rational for states to join in selfdefensive confederations.
3. Ultimately this dynamic towards
larger political groupings will lead to
the creation of world federalism.
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