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

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      Chapter III

      Of the other Lawes of Nature

      Table of Contents

      I. Another of the Lawes of Nature is, to performe Contracts, or to keep trust; for it hath been shewed in the foregoing Chapter that the Law of Nature commands every man, as a thing necessary, to obtain Peace; to conveigh certain rights from each to other, and that this (as often as it shall happen to be done) is called a Contract: But this is so farre forth onely conducible to peace, as we shall performe Our selves, what we contract with others, shall be done, or omitted; and in vaine would Contracts be made, unlesse we stood to them. Because therefore, to stand to our Covenants, Or to keep faith, is a thing necessary for the obtaining of peace, it will prove by the second Article of the second Chapter to be a precept of the naturall Law.

      II. Neither is there in this matter, any exception of the persons, with whom we Contract, as if they keep no faith with others; Or hold, that none ought to be kept, or are guilty of any other kind of vice: for he that Contracts, in that he doth contract, denies that action to be in vaine, and it is against reason for a knowing man to doe a thing in vain; and if he think himself not bound to keep it, in thinking so, he affirms the Contract to be made in vain: He therefore, who Contracts with one with whom he thinks he is not bound to keep faith, he doth at once think a Contract to be a thing done in vaine, and not in vaine, which is absurd. Either therefore we must hold trust with all men, or else not bargain with them; that is, either there must be a declared Warre, Or a sure and faithfull Peace.

      III. The breaking of a Bargain, as also the taking back of a gift, (which ever consists in some action, Or omission) is called an INJURY: But that action, or omission, is called unjust, insomuch as an injury, and an unjust action, or omission, signifie the same thing, and both are the same with breach of Contract and trust: And it seemes the word Iniury came to be given to any action, or omission, because they were without Right. He that acted, or omitted, having before conveyed bis Right to some other. And there is some likenesse between that, which in the common course of life we call Injury; and that, which in the Schools is usually called absurd. For even as he, who by Arguments is driven to deny the Assertion which he first maintain'd, is said to be brought to an absurdity; in like manner, he who through weaknesse of mind does, or omits that which before he had by Contract promis'd not to doe, or omit, commits an Injury, and falls into no lesse contradiction, then he, who in the Schools is reduc'd to an Absurdity. For by contracting for some future action, he wills it done; by not doing it, he wills it not done, which is to will a thing done, and not done at the same time, which is a contradiction. An Injury therefore is a kind of absurdity in conversation, as an absurdity is a kind of injury in disputation.

      IV. From these grounds it followes, that an injury can be done to no man* but him with whom we enter Covenant, or to whom somewhat is made over by deed of gift, or to whom somwhat is promis'd by way of bargain. And therefore damaging and injuring are often disjoyn'd: for if a Master command his Servant, who hath promis'd to obey him, to pay a summe of money, or carry some present to a third man; the Servant, if he doe it not, hath indeed damag'd this third party, but he injur'd his Master onely. So also in a civill government, if any man offend another, with whom he hath made no Contract, he damages him to whom the evill is done, but he injures none but him to whom the power of government belongs: for if he, who receives the hurt, should expostulate the mischief. and he that did it, should answer thus, What art thou to me? Why should I rather doe according to yours, then mine owne will, since I do not hinder, but you may do your own, and not my mind? In which speech, where there hath no manner of pre-contract past, I see not, I confesse, what is reprehensible.

      V. These words just, and unjust, as also justice, and injustice, are equivocall; for they signifie one thing when they are attributed to Persons, another when to actions: When they are attributed to Actions, Just signifies as much as what's done with Right, and unjust, as what's done with injury: he who hath done some just thing is not therefore said to be a just Person, but guiltlesse, and he that hath done some unjust thing, we doe not therefore say he is an unjust, but guilty man. But when the words are applyed to Persons; to be just, signifies as much as to be delighted in just dealing, to study how to doe righteousnesse, or to indeavour in all things to doe that which is just; and to be unjust, is to neglect righteous dealing, or to think it is to be measured not according to my contract, but some present benefit; so as the justice or injustice of the mind, the intention, or the man, is one thing; that of an action, or omission, another; and innumerable actions of a just man may be unjust, and of an unjust man, just: But that man is to be accounted just, who doth just things because the Law commands it, unjust things only by reason of his infirmity; and he is properly said to be unjust who doth righteousness for fear of the punishment annext unto the Law, and unrighteousnesse by reason of the iniquity of his mind.

      VI. The justice of actions is commonly distinguisht into two kinds; Commutative, and Distributive, the former whereof they say consists in Arithmeticall, the latter in Geometricall proportion: and that is conversant in exchanging, in buying, selling, borrowing, lending, location, and conduction, and other acts whatsoever belonging to Contracters, where, if there be an equall return made, hence they say springs a commutative justice: But this is busied about the dignity, and merits of men; so as if there be rendred to every man kata pen axian more to him who is more worthy, and lesse to him that deserves lesse, and that proportionably, hence they say ariseth distributive justice: I acknowledge here some certaine distinction of equality; to wit, that one is an equality simply so called, as when two things of equall value are compar'd together, as a pound of silver with twelve ounces of the same silver; the other is an equality, secundum, quod as when a 1000 pound is СКАЧАТЬ