The Political Works of Thomas Hobbes (4 Books in One Edition). Thomas Hobbes

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      Chapter 17: Other Laws of Nature

      Table of Contents

      1. The question, which is the better man, is determinable only in the estate of government and policy, though it be mistaken for a question of nature, not only by ignorant men, that think one man's blood better than another's by nature; but also by him, whose opinions are at this day, and in these parts of greater authority than any other human writings (Aristotle). For he putteth so much difference between the powers of men by nature, that he doubteth not to set down, as the ground of all his politics, that some men are by nature worthy to govern, and others by nature ought to serve. Which foundation hath not only weakened the whole frame of his politics, but hath also given men colour and pretences, whereby to disturb and hinder the peace of one another. For though there were such a difference of nature, that master and servant were not by consent of men, but by inherent virtue; yet who hath that eminency of virtue, above others, and who is so stupid as not to govern himself, shall never be agreed upon amongst men; who do every one naturally think himself as able, at the least, to govern another, as another to govern him. And when there was any contention between the finer and the coarser wits, (as there hath been often in times of sedition and civil war) for the most part these latter carried away the victory and as long as men arrogate to themselves more honour than they give to others, it cannot be imagined how they can possibly live in peace: and consequently we are to suppose, that for peace sake, nature hath ordained this law, That every man acknowledge other for his equal. And the breach of this law, is that we call PRIDE.

      2. As it was necessary that a man should not retain his right to every thing, so also was it, that he should retain his right to some things: to his own body (for example) the right of defending, whereof he could not transfer. to the use of fire, water, free air, and place to live in, and to all things necessary for life. Nor doth the law of nature command any divesting of other rights, than of those only which cannot be retained without the loss of peace. Seeing then many rights are retained, when we enter into peace one with another, reason and the law of nature dictateth, Whatsoever right any man requireth to retain, he allow every other man to retain the same. For he that doth not so, alloweth not the equality mentioned in the former section. For there is no acknowledgement of the equality of worth, without attribution of the equality of benefit and respect. And this allowance of aequalia aequalibus, is the same thing with the allowing of proportionalia proportionalibus. For when a man alloweth to every man alike, the allowance he maketh will be in the same proportion, in which are the numbers of men to whom they are made. And this is it men mean by distributive justice, and is properly termed EQUITY. The breach of this law is that which the Greeks call Pleovezia, which is commonly rendered covetousness, but seemeth to be more precisely expressed by the word ENCROACHING.

      3. If there pass no other covenant, the law of nature is, That such things as cannot be divided, be used in common, proportionably to the numbers of them that are to use the same, or without limitation when the quantity thereof sufficeth. For first supposing the thing to be used in common not sufficient for them that are to use it without limitation, if a few shall make more use thereof than the rest, that equality is not observed, which is required in the second section. And this is to be understood, as all the rest of the laws of nature, without any other covenant antecedent; for a man may have given away his right of common, and so the case be altered.

      4. In those things which neither can be divided, nor used in common, the rule of nature must needs be one of these: lot, or alternate use; for besides these two ways, there can no other equality be imagined. And for alternate use, he that beginneth hath the advantage; and to reduce that advantage to equality, there is no other way but lot: in things, therefore, indivisible and incommunicable, it is the law of nature, That the use be alternate, or the advantage given away by lot; because there is no other way of equality'. and equality is the law of nature.

      5. There be two sorts of lots: one arbitrary, made by men, and commonly known by the names of lot, chance, hazard, and the like; and there is natural lot, such as is primogeniture, which is no more but the chance, or lot of being first born; which, it seemeth, they considered, that call inheritance by the name of cleronomia, which signifieth distribution by lot. Secondly, prima occupatio, first seizing or finding of a thing, whereof no man made use before, which for the most part also is merely chance.

      6. Although men agree upon these laws of nature, and endeavour to observe the same; yet considering the passions of men, that make it difficult to understand by what actions, and circumstances of actions, those laws are broken; there must needs arise many great controversies about the interpretation thereof, by which the peace must needs be dissolved, and men return again to their former estate of hostility. For the taking away of which controversies, it is necessary that there be some common arbitrator and judge, to whose sentence both the parties to the controversy ought to stand. And therefore it is a law of nature, That in every controversy, the parties thereto ought mutually to agree upon an arbitrator, whom they both trust; and mutually to covenant to stand to the sentence he shall give therein. For where every man is his own judge, there properly is no judge at all; as where every man carveth out his own right, it hath the same effect, as if there were no right at all; and where is no judge, there is no end of controversy, and therefore the right of hostility remaineth.

      7. AN ARBITRATOR therefore or judge is he that is trusted by the parties to any controversy, to determine the same by the declaration of his own judgment therein. Out of which followeth: first, that the judge ought not to be concerned in the controversy he endeth; for in that case he is party, and ought by the same reason to be judged by another; secondly, that he maketh no covenant with either of the parties, to pronounce sentence for the one, more than for the other. Nor doth he covenant so much, as that his sentence shall be СКАЧАТЬ