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

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СКАЧАТЬ just; for that were to make the parties judges of the sentence, whereby the controversy would remain still undecided. Nevertheless for the trust reposed in him, and for the equality which the law of nature requireth him to consider in the parties, he violateth that law, if for favour, or hatred to either party, he give other sentence than he thinketh right. And thirdly, that no man ought to make himself judge in any controversy between others, unless they consent and agree thereto.

      8. It is also of the law of nature, That no man obtrude or press his advice or counsel to any man that declareth himself unwilling to hear the same. For seeing a man taketh counsel concerning what is good or hurt of himself only, and not of his counsellor; and that counsel is a voluntary action, and therefore tendeth also to the good of the counsellor: there may often be just cause to suspect the counsellor. And though there be none, yet seeing counsel unwilling heard is a needless offence to him that is not willing to hear it, and offences tend all to the breach of peace: it is therefore against the law of nature to obtrude it.

      9. A man that shall see these laws of nature set down and inferred with so many words, and so much ado, may think there is yet much more difficulty and subtlety required to acknowledge and do according to the said laws in every sudden occasion, when a man hath but a little time to consider. And while we consider man in most passions, as of anger, ambition, covetousness, vain glory, and the like that tend to the excluding of natural equality, it is true; but without these passions, there is an easy rule to know upon a sudden, whether the action I be to do, be against the law of nature or not: and it is but this, That a man imagine himself in the place of the party with whom he hath to do, and reciprocally him in his; which is no more but a changing (as it were) of the scales. For every man's passion weigheth heavy in his own scale, but not in the scale of his neighbour. And this rule is very well known and expressed by this old dictate, Quod tibi fieri non vis, alteri ne feceris.

      10. These laws of nature, the sum whereof consisteth in forbidding us to be our own judges, and our own carvers, and in commanding us to accommodate one another; in case they should be observed by some, and not by others, would make the observers but a prey to them that should neglect them; leaving the good, both without defence against the wicked, and also with a charge to assist them: which is against the scope of the said laws, that are made only for the protection and defence of them that keep them. Reason therefore, and the law of nature over and above all these particular laws, doth dictate this law in general, That those particular laws be so far observed, as they subject us not to any incommodity, that in our own judgments may arise, by the neglect thereof in those towards whom we observe them; and consequently requireth no more but the desire and constant intention to endeavour and be ready to observe them, unless there be cause to the contrary in other men's refusal to observe them towards us. The force therefore of the law of nature is not in foro externo, till there be security for men to obey it; but is always in foro interno, wherein the action of obedience being unsafe, the will and readiness to perform is taken for the performance.

      11. Amongst the laws of nature, customs and prescriptions are not numbered. For whatsoever action is against reason, though it be reiterated never so often, or that there be never so many precedents thereof, is still against reason, and therefore not a law of nature, but contrary to it. But consent and covenant may so alter the cases, which in the law of nature may be put, by changing the circumstances, that that which was reason before, may afterwards be against it; and yet is reason still the law. For though every man be bound to allow equality to another. yet if that other shall see cause to renounce the same, and make himself inferior, then, if from thenceforth he consider him as. inferior, he breaketh not thereby that law of nature that commandeth to allow equality. In sum, a man's own consent may abridge him of the liberty which the law of nature leaveth him, but custom not; nor can either of them abrogate either these, or any other law of nature.

      12. And forasmuch as law (to speak properly) is a command, and these dictates, as they proceed from nature, are not commands; they are not therefore called laws in respect of nature, but in respect of the author of nature, God Almighty.

      13. And seeing the laws of nature concern the conscience, not he only breaketh them that doth any action contrary, but also he whose action is conformable to them, in case he think it contrary. For though the action chance to be right, yet in his judgment he despiseth the law.

      14. Every man by natural passion, calleth that good which pleaseth him for the present, or so far forth as he can foresee; and in like manner that which displeaseth him evil. And therefore he that foreseeth the whole way to his preservation (which is the end that every one by nature aimeth at) must also call it good, and the contrary evil. And this is that good and evil, which not every man in passion calleth so, but all men by reason. And therefore the fulfilling of all these laws is good in reason; and the breaking of them evil. And so also the habit, or disposition, or intention to fulfil them good; and the neglect of them evil. And from hence cometh that distinction of malum paenae, and malum culpae; for malum paenae is any pain or molestation of mind whatsoever; but malum culpae is that action which is contrary to reason and the law of nature; as also the habit of doing according to these and other laws of nature that tend to our preservation, is that we call VIRTUE; and the habit of doing the contrary, VICE. As for example, justice is that habit by which we stand to covenants, injustice the contrary vice; equity that habit by which we allow equality of nature, arrogance the contrary vice; gratitude the habit whereby we requite the benefit and trust of others, ingratitude the contrary vice; temperance the habit by which we abstain from all things that tend to our destruction, intemperance the contrary vice; prudence, the same with virtue in general. As for the common opinion, that virtue consisteth in mediocrity, and vice in extremes, I see no ground for it, nor can find any such mediocrity. Courage may be virtue, when the daring is extreme, if the cause be good; and extreme fear no vice when the danger is extreme. To give a man more than his due, is no injustice, though it be to give him less; and in gifts it is not the sum that maketh liberality, but the reason. And so in all other virtues and vices. I know that this doctrine of mediocrity is Aristotle's, but his opinions concerning virtue and vice, are no other than those which were received then, and are still by the generality of men unstudied; and therefore not very likely to be accurate.

      15. The sum of virtue is to be sociable with them that will be sociable, and formidable to them that will not. And the same is the sum of the law of nature; for in being sociable, the law of nature taketh place by the way of peace and society; and to be formidable, is the law of nature in war, where to be feared is a protection a man hath from his own power; and as the former consisteth in actions of equity and justice, the latter consisteth in actions of honour. And equity, justice, and honour, contain all virtues whatsoever.

      Chapter 18: A Confirmation of the Same Out of The Word of God

      Table of Contents

      1. The laws mentioned in the former chapters, as they are called the laws of nature, for that they are the dictates of natural reason; and also moral laws, because they concern men's manners and conversation one towards another; so are they also divine laws in respect of the author thereof, God Almighty; and ought therefore to agree, or at least, not to be repugnant to the word of God revealed in Holy Scripture. In this chapter therefore I shall produce such places of Scripture as appear to be most consonant to the said laws.

      2. And first the word of God seemeth to place the divine law in reason; by all such texts as ascribe the same to the heart and understanding; as Psalm 40, 8: Thy law is in my heart. Heb. 8, 10: After those days, saith the Lord, I will put my laws in their mind; and Heb. 10, 16, the same. Psalm 37, 31, speaking of the righteous man, he saith, The law of God is in his heart. Psalm 19, 7, 8: The law of God is perfect, converting the soul. It giveth wisdom to the simple, and light unto the eyes. Jer. 31, 33: I will put my law in their inward parts, and write it in their hearts. And John I, the lawgiver himself, God Almighty, is called by the name of Logos, which is also called: verse 4, The light of men: and verse 9, The light which СКАЧАТЬ