Thomas Hobbes 1588 1679

1
Thomas Hobbes(1588 - 1679)

• Leviathan

And as the Power, so also the Honour of the
Sovereign, ought to be greater, than that of any
or all the Subjects. For in the Soveraignty is
the fountain of Honour. . . . As in the presence
of the Master, the Servants are equall, and
without any honour at all So are the Subjects,
in the presence of the Soveraign. And though
they shine some more, some lesse, when they are
out of his sight yet in his presence, they shine
no more than the Starres in presence of the Sun.
Leviathan, Chapter XVIII.
2
Of The Liberties of Subjects

• Liberty is the absence of oposition
• Liberty Fear are consistent Throwing goods
  off a sinking ship
• Liberty Necessity are consistent Keep the
  ship in the channel
• Laws are worthless unless backed by a Sword
• Even when sovereign executes an innocent person,
  neither does the other wrong
• Liberty, properly, is the Liberty of the
  Commonwealth
• Liberty of individuals is only in those natural
  rights which cannot be transferred to the
  Sovereign
• Self-Destruction (Sovereign killing me is OK,
  Killing myself is not)
• Confession leading to destruction

3
Liberty of Subjects (cont.)

• Right to disobey exists only where obedience
  frustrates the end of the Sovereign in the
  Commonwealth to protect our lives. Thus, there
  is no liberty to refuse a sovereign command
  unless
• The command is to take your own life, or
• The command is to confess a crime leading to
  execution or serious injury
• No right exists to defend another from the
  Sovereign even if it is claimed that the
  Sovereign is wrong
• Liberties of the Subject consist of those areas
  where the Sovereign has made no applicable rule
• If the Sovereign demands pursuant to a law
  already made, the Subject may sue for his right
  before Judges, but if the Sovereign demands by
  his power as Sovereign, subject has no right to
  complain as he does so against himself.

4
On the Limits of the Sovereign

• Sovereign cannot grant a liberty to subjects
  which prevents him from protecting the Subject,
  unless he renounces the sovereignty or transfers
  it to another
• Obligations of the Subject to the Sovereign last
  only while the Sovereign can protect them
• Subject who is captured in war and forced to be
  subject to victor in order to protect his life
  may do so, and he is now the subject of his new
  sovereign
• If a Sovereign banish his Subject (outlaw him),
  he is not a subject while banished
• If a Sovereign is vanquished, then Subjects
  become subjects of the victorious Sovereign

5
Of the Civil Law

• Law is not counsel, but rather a Command
  addressed to one obliged to obey the Sovereign
• Civil Law is (to the Subject) the rules
  established byt he Sovereign for deciding right
  or wrong, i.e. compliance / the rule
• Legislator is the true sovereign whether one or
  many
• The Sovereign is not subject to the laws
• Customs tradition of the people are only law if
  within the will of the Sovereign via his
  enforcement or acquiesence
• Law of Nature and the Civil Law thus contain each
  other and are equal in extent
• Legislator is he who enforces the laws though
  made by another
• For instance, where a sovereign conquers a people
  continues to enforce the laws they had in place
  before he conquered them

6
Of the Civil Law (cont.)

• The two arms of the Commonwealth are force
  justice
• Law can never be against reason, but reason is
  the intent of the law-maker
• Law is applicable to those with means to know it
• Not applicable to children or derainged persons
• Laws of nature need no publication the Golden
  Rule
• Appointees owe fidelity to the Sovereign without
  instructions
• In other cases, the Sovereign is to publish law
  by word, act, or deed
• Interpretation of Laws depend upon Sovereign
  Authority
• Only his agents can rightfully interpret the laws
• Laws of Nature are properly interpreted by the
  Sovereigns Agents
• If Error found, the determine law differently in
  the next case
• Precedent does not require making a law of errors

7
On Judging the Civil Law

• Innocent means one adjudged not guilty
• Guilty is one adjudged judicially (whether
  committed crime or not)
• Presumptions of fact should never override proof
• Sentence is law to the party, but not to a later
  judge
• Things which make a good Judge
• Understanding of equity (the law of nature)
• Contempt of unnecessary riches
• Ability to judge without fear, anger, love, or
  compassion
• Patience to hear and pay attention
• Memory to retain and apply what he has heard
• Fundamental Laws are those which, if taken away,
  the Commonwealth is dissolved
• Nothing else is fundamental

8
Great Diseases Which Weaken the Commonwealth

• Ideas that
• Every Man is a competent Judge or good and evil
  acts
• Things done against conscience is sin
• The Sovereign is subject to the civil laws
• Anyone has property in his goods as against the
  Sovereign
• Sovereign power may be divided (Powers divided
  destroy each other)
• It is OK to kill the King if, first, you call him
  a tyrant
• Difficulty in raising money caused by everyone
  thinking they have goods the Sovereign cannot
  take for use
• Popularity of a potent subject
• Big towns (political entities) capable of
  supporting their own military forces
• Big corporations capable of disputing the
  absolute power of the Sovereign

9
Parting Thoughts

• When war destroys the power of the Sovereign to
  Protect the Subjects, the right of the Sovereign
  is not extinguished, but the obligation of the
  subject may be. Seek protection where-ever you
  can and support it.
• Sovereign answers only to God, and is by the Law
  of Nature to protect the people. Therefore, the
  people cannot know the right of any law the
  sovereign makes.
• Tyranny is just a word for the Sovereign used by
  those who are angry with the Sovereign, and,
  therefore, a hatred of the Commonwealth. Thus,
  the toleration of the hatred of tryanny is
  against the Natural Law.