Hobbes’s Natural Rights and Laws
Chapters 14 & 15 of Leviathan
The right of
nature, the jus naturale, is the liberty that
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 judgment and reason, he shall conceive to be the aptest means thereunto.
By LIBERTY
is understood, according to the proper signification of the word, the absence
of external impediments.
A LAW OF
NATURE, lex naturalis, is 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 best be preserved.
1. [The
fundamental law of nature]: it is a precept or general rule of reason that
every man shall 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.
(=seek peace and follow it) (ch.14)
2. Be
willing, when others are so too, as far forth as for peace and defense of yourself
you shall think it necessary, to lay down this right [liberty] to all things,
and be contented with so much liberty against other men as you would allow
other men against yourself. (14)
3. Perform
the covenants [promises] that you make. No covenant, no justice: Epicurus. (15)
4. When you
receive a freely given benefit from someone, show gratitude. Say thank you.
(15)
5. Try to
accommodate yourself to those around you. Be agreeable. (15)
6. Forgive
the people that have offended you who want to be forgiven. Forgive us our
trespasses . . . . (15)
7. In
revenges, look to the good that can follow, not the magnitude of the past evil.
(15)
8. Do not
declare your hatred or contempt of other by deed, word, countenance, or
gesture. (15)
9.
Acknowledge others as your equal. Avoid pride. (15)
10. When
making peace with someone, do not reserve any rights that you do not want
others to reserve to themselves. (15)
11. If
serving as a judge, deal equally with the contending parties. Fairness. (15)
12. When
sharing something, be willing to enjoy it in common; if quantities permit,
distribute equally. Fairness. (15)
13. If
sharing or equal distribution is not possible, determine possession by lot. (15)
14. On types
of lot: primogeniture or agreed procedure. (15)
15. Allow
all mediators of peace safe conduct. (15)
16. Settle
controversies with others by submitting to an arbitrator. (15)
17. Do not
be the judge of your own cause. (15)
18. Do not judge
a dispute if you are an interested party. (15)
19. In
factual disputes, as judge, consider no more than three or four witnesses. (15)
The science [study]
of these rules is the true and only moral philosophy. For moral philosophy is
nothing else but the science of what is good and evil in the conversation and
society of mankind. (15)