3.6: The Social Contract (Thomas Hobbes)
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\(\newcommand{\avec}{\mathbf a}\) \(\newcommand{\bvec}{\mathbf b}\) \(\newcommand{\cvec}{\mathbf c}\) \(\newcommand{\dvec}{\mathbf d}\) \(\newcommand{\dtil}{\widetilde{\mathbf d}}\) \(\newcommand{\evec}{\mathbf e}\) \(\newcommand{\fvec}{\mathbf f}\) \(\newcommand{\nvec}{\mathbf n}\) \(\newcommand{\pvec}{\mathbf p}\) \(\newcommand{\qvec}{\mathbf q}\) \(\newcommand{\svec}{\mathbf s}\) \(\newcommand{\tvec}{\mathbf t}\) \(\newcommand{\uvec}{\mathbf u}\) \(\newcommand{\vvec}{\mathbf v}\) \(\newcommand{\wvec}{\mathbf w}\) \(\newcommand{\xvec}{\mathbf x}\) \(\newcommand{\yvec}{\mathbf y}\) \(\newcommand{\zvec}{\mathbf z}\) \(\newcommand{\rvec}{\mathbf r}\) \(\newcommand{\mvec}{\mathbf m}\) \(\newcommand{\zerovec}{\mathbf 0}\) \(\newcommand{\onevec}{\mathbf 1}\) \(\newcommand{\real}{\mathbb R}\) \(\newcommand{\twovec}[2]{\left[\begin{array}{r}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\ctwovec}[2]{\left[\begin{array}{c}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\threevec}[3]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\cthreevec}[3]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\fourvec}[4]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\cfourvec}[4]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\fivevec}[5]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\cfivevec}[5]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\mattwo}[4]{\left[\begin{array}{rr}#1 \amp #2 \\ #3 \amp #4 \\ \end{array}\right]}\) \(\newcommand{\laspan}[1]{\text{Span}\{#1\}}\) \(\newcommand{\bcal}{\cal B}\) \(\newcommand{\ccal}{\cal C}\) \(\newcommand{\scal}{\cal S}\) \(\newcommand{\wcal}{\cal W}\) \(\newcommand{\ecal}{\cal E}\) \(\newcommand{\coords}[2]{\left\{#1\right\}_{#2}}\) \(\newcommand{\gray}[1]{\color{gray}{#1}}\) \(\newcommand{\lgray}[1]{\color{lightgray}{#1}}\) \(\newcommand{\rank}{\operatorname{rank}}\) \(\newcommand{\row}{\text{Row}}\) \(\newcommand{\col}{\text{Col}}\) \(\renewcommand{\row}{\text{Row}}\) \(\newcommand{\nul}{\text{Nul}}\) \(\newcommand{\var}{\text{Var}}\) \(\newcommand{\corr}{\text{corr}}\) \(\newcommand{\len}[1]{\left|#1\right|}\) \(\newcommand{\bbar}{\overline{\bvec}}\) \(\newcommand{\bhat}{\widehat{\bvec}}\) \(\newcommand{\bperp}{\bvec^\perp}\) \(\newcommand{\xhat}{\widehat{\xvec}}\) \(\newcommand{\vhat}{\widehat{\vvec}}\) \(\newcommand{\uhat}{\widehat{\uvec}}\) \(\newcommand{\what}{\widehat{\wvec}}\) \(\newcommand{\Sighat}{\widehat{\Sigma}}\) \(\newcommand{\lt}{<}\) \(\newcommand{\gt}{>}\) \(\newcommand{\amp}{&}\) \(\definecolor{fillinmathshade}{gray}{0.9}\)Thomas Hobbes72
CHAPTER XIII. OF THE NATURAL CONDITION OF MANKIND, AS CONCERNING THEIR FELICITY, AND MISERY
Nature hath made men so equal, in the faculties of body, and mind; as that though there be found one man sometimes manifestly stronger in body, or of quicker mind then another; yet when all is reckoned together, the difference between man, and man, is not so considerable, as that one man can thereupon claim to himself any benefit, to which another may not pretend, as well as he. For as to the strength of body, the weakest has strength enough to kill the strongest, either by secret machination, or by confederacy with others, that are in the same danger with himself.
And as to the faculties of the mind, (setting aside the arts grounded upon words, and especially that skill of proceeding upon general, and infallible rules, called Science; which very few have, and but in few things; as being not a native faculty, born with us; nor attained, (as Prudence,) while we look after somewhat else,) I find yet a greater equality amongst men, than that of strength. For Prudence, is but Experience; which equal time, equally bestows on all men, in those things they equally apply themselves unto. That which may perhaps make such equality incredible, is but a vain concept of one’s own wisdom, which almost all men think they have in a greater degree, than the Vulgar; that is, than all men but themselves, and a few others, whom by Fame, or for concurring with themselves, they approve. For such is the nature of men, that howsoever they may acknowledge many others to be more witty, or more eloquent, or more learned; Yet they will hardly believe there be many so wise as themselves: For they see their own wit at hand, and other men at a distance. But this proves rather that men are in that point equal, than unequal. For there is not ordinarily a greater sign of the equal distribution of anything, than that every man is contented with his share.
From Equality Proceeds Diffidence
From this equality of ability, arises equality of hope in the attaining of our Ends. And therefore if any two men desire the same thing, which nevertheless they cannot both enjoy, they become enemies; and in the way to their End, (which is principally their own conservation, and sometimes their delectation only,) endeavour to destroy, or subdue one another. And from hence it comes to pass, that where an Invader hath no more to fear, than another man’s single power; if one plant, sow, build, or possess a convenient Seat, others may probably be expected to come prepared with forces united, to dispossess, and deprive him, not only of the fruit of his labour, but also of his life, or liberty. And the Invader again is in the like danger of another.
From Diffidence War
And from this diffidence of one another, there is no way for any man to secure himself, so reasonable, as Anticipation; that is, by force, or wiles, to master the persons of all men he can, so long, till he see no other power great enough to endanger him: And this is no more than his own conservation requires, and is generally allowed. Also because there be some, that taking pleasure in contemplating their own power in the acts of conquest, which they pursue farther than their security requires; if others, that otherwise would be glad to be at ease within modest bounds, should not by invasion increase their power, they would not be able, long time, by standing only on their defence, to subsist. And by consequence, such augmentation of dominion over men, being necessary to a man’s conservation, it ought to be allowed him.
Again, men have no pleasure, (but on the contrary a great deal of grief) in keeping company, where there is no power able to over-awe them all. For every man looks that his companion should value him, at the same rate he sets upon himself: And upon all signs of contempt, or undervaluing, naturally endeavours, as far as he dares (which amongst them that have no common power, to keep them in quiet, is far enough to make them destroy each other,) to extort a greater value from his condemners, by dammage; and from others, by the example.
So that in the nature of man, we find three principal causes of quarrel. First, Competition; Secondly, Diffidence; Thirdly, Glory.
The first, makes men invade for Gain; the second, for Safety; and the third, for Reputation. The first use Violence, to make themselves Masters of other men’s persons, wives, children, and cattle; the second, to defend them; the third, for trifles, as a word, a smile, a different opinion, and any other sign of undervalue, either direct in their Persons, or by reflection in their Kindred, their Friends, their Nation, their Profession, or their Name.
Out Of Civil States,
There Is Always War Of Every One Against Every One Hereby it is manifest, that during the time men live without a common Power to keep them all in awe, they are in that condition which is called War; and such a war, as is of every man, against every man. For WAR, consists not in Battle only, or the act of fighting; but in a tract of time, wherein the Will to contend by Battle is sufficiently known: and therefore the notion of Time, is to be considered in the nature of War; as it is in the nature of Weather. For as the nature of Foul weather, lies not in a shower or two of rain; but in an inclination thereto of many days together: So the nature of War, consists not in actual fighting; but in the known disposition thereto, during all the time there is no assurance to the contrary. All other time is PEACE.
The Incommodities Of Such A War
Whatsoever therefore is consequent to a time of War, where every man is Enemy to every man; the same is consequent to the time, wherein men live without other security, than what their own strength, and their own invention shall furnish them with all. In such condition, there is no place for Industry; because the fruit thereof is uncertain; and consequently no Culture of the Earth; no Navigation, nor use of the commodities that may be imported by Sea; no commodious Building; no Instruments of moving, and removing such things as require much force; no Knowledge of the face of the Earth; no account of Time; no Arts; no Letters; no Society; and which is worst of all, continual fear, and danger of violent death; And the life of man, solitary, poor, nasty, brutish, and short.
It may seem strange to some man, that has not well weighed these things; that Nature should thus dissociate, and render men apt to invade, and destroy one another: and he may therefore, not trusting to this Inference, made from the Passions, desire perhaps to have the same confirmed by Experience. Let him therefore consider with himself, when taking a journey, he arms himself, and seeks to go well accompanied; when going to sleep, he locks his doors; when even in his house he locks his chests; and this when he knows there bee Laws, and public Officers, armed, to revenge all injuries shall be done him; what opinion he has of his fellow subjects, when he rides armed; of his fellow Citizens, when he locks his doors; and of his children, and servants, when he locks his chests. Does he not there as much accuse mankind by his actions, as I do by my words? But neither of us accuse man’s nature in it. The Desires, and other Passions of man, are in themselves no Sin. No more are the Actions, that proceed from those Passions, till they know a Law that forbids them; which till Lawes be made they cannot know: nor can any Law be made, till they have agreed upon the Person that shall make it.
It may peradventure be thought, there was never such a time, nor condition of war as this; and I believe it was never generally so, over all the world: but there are many places, where they live so now. For the savage people in many places of America, except the government of small Families, the concord whereof depends on natural lust, have no government at all; and live at this day in that brutish manner, as I said before. Howsoever, it may be perceived what manner of life there would be, where there were no common Power to fear; by the manner of life, which men that have formerly lived under a peaceful government, use to degenerate into, in a civil War.
But though there had never been any time, wherein particular men were in a condition of war one against another; yet in all times, Kings, and persons of Sovereign authority, because of their Independency, are in continual jealousies, and in the state and posture of Gladiators; having their weapons pointing, and their eyes fixed on one another; that is, their Forts, Garrisons, and Guns upon the Frontiers of their Kingdoms; and continual Spies upon their neighbours; which is a posture of War. But because they uphold thereby, the Industry of their Subjects; there does not follow from it, that misery, which accompanies the Liberty of particular men.
In Such A War, Nothing Is Unjust
To this war of every man against every man, this also is consequent; that nothing can be Unjust. The notions of Right and Wrong, Justice and Injustice have there no place. Where there is no common Power, there is no Law: where no Law, no Injustice. Force, and Fraud, are in war the two Cardinal virtues. Justice, and Injustice are none of the Faculties neither of the Body, nor Mind. If they were, they might be in a man that were alone in the world, as well as his Senses, and Passions. They are Qualities, that relate to men in Society, not in Solitude. It is consequent also to the same condition, that there be no Propriety, no Dominion, no Mine and Thine distinct; but only that to be every mans that he can get; and for so long, as he can keep it. And thus much for the ill condition, which man by mere Nature is actually placed in; though with a possibility to come out of it, consisting partly in the Passions, partly in his Reason.
The Passions That Incline Men To Peace
The Passions that incline men to Peace, are Fear of Death; Desire of such things as are necessary to commodious living; and a Hope by their Industry to obtain them. And Reason suggests convenient Articles of Peace, upon which men may be drawn to agreement. These Articles, are they, which otherwise are called the Lawes of Nature: whereof I shall speak more particularly, in the two following Chapters.
CHAPTER XIV. OF THE FIRST AND SECOND NATURALL LAWES, AND OF CONTRACTS
Right Of Nature What
The RIGHT OF NATURE, which Writers commonly call Jus Natural, is the Liberty each man hath, 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 Judgement, and Reason, he shall conceive to be the aptest means thereunto.
Liberty What
By LIBERTY, is understood, according to the proper signification of the word, the absence of external Impediments: which Impediments, may oft take away part of a man’s power to do what he would; but cannot hinder him from using the power left him, according as his judgement, and reason shall dictate to him.
A Law Of Nature What
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 taketh away the means of preserving the same; and to omit, that, by which he thinketh it may be best preserved. For though they that speak of this subject, use to confound Jus, and Lex, Right and Law; yet they ought to be distinguished; because RIGHT, consists in liberty to do, or to forbear; Whereas LAW, determines, and binds to one of them: so that Law, and Right, differ as much, as Obligation, and Liberty; which in one and the same matter are inconsistent.
Naturally Every Man Has Right To Everything
And because the condition of Man, (as hath been declared in the precedent Chapter) is a condition of War of every one against every one; in which case everyone is governed by his own Reason; and there is nothing he can make use of, that may not be a help unto him, in preserving his life against his enemies; It follows, that in such a condition, every man has a Right to everything; even to one another’s body. And therefore, as long as this natural Right of every man to everything endures, there can be no security to any man, (how strong or wise soever he be,) of living out the time, which Nature ordinarily allows men to live.
The Fundamental Law Of Nature
And consequently it is a precept, or general rule of Reason, "That every man, ought to endeavour Peace, as farre 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." The first branch, of which Rule, contains the first, and Fundamental Law of Nature; which is, "To seek Peace, and follow it." The Second, the sum of the Right of Nature; which is, "By all means we can, to defend ourselves."
The Second Law Of Nature
From this Fundamental Law of Nature, by which men are commanded to endeavour Peace, is derived this second Law; "That a man be willing, when others are so too, as far forth, as for Peace, and defence of himself he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men, as he would allow other men against himself." For as long as every man holds this Right, of doing anything he likes; so long are all men in the condition of War. But if other men will not lay down their Right, as well as he; then there is no Reason for any one, to divest himself of his: For that were to expose himself to Prey, (which no man is bound to) rather than to dispose himself to Peace. This is that Law of the Gospel; "Whatsoever you require that others should do to you, that do ye to them."...
CHAPTER XV. OF OTHER LAWS OF NATURE
The Third Law Of Nature, Justice
From that law of Nature, by which we are obliged to transfer to another, such Rights, as being retained, hinder the peace of Mankind, there follows a Third; which is this, That Men Perform Their Covenants Made: without which, Covenants are in vain, and but Empty words; and the Right of all men to all things remaining, we are still in the condition of War.
Justice And Injustice What
And in this law of Nature, consists the Fountain and Original of JUSTICE. For where no Covenant hath preceded, there hath no Right been transferred, and every man has right to everything; and consequently, no action can be Unjust. But when a Covenant is made, then to break it is Unjust: And the definition of INJUSTICE, is no other than The Not Performance Of Covenant. And whatsoever is not Unjust, is Just.
Justice And Propriety Begin With The Constitution of Common-wealth But because Covenants of mutual trust, where there is a fear of not performance on either part, (as hath been said in the former Chapter,) are invalid; though the Original of Justice be the making of Covenants; yet Injustice actually there can be none, till the cause of such fear be taken away; which while men are in the natural condition of War, cannot be done. Therefore before the names of Just, and Unjust can have place, there must be some coercive Power, to compel men equally to the performance of their Covenants, by the terrour of some punishment, greater than the benefit they expect by the breach of their Covenant; and to make good that Propriety, which by mutual Contract men acquire, in recompence of the universal Right they abandon: and such power there is none before the erection of a Commonwealth. And this is also to be gathered out of the ordinary definition of Justice in the Schools: For they say, that "Justice is the constant Will of giving to every man his own." And therefore where there is no Own, that is, no Propriety, there is no Injustice; and where there is no coercive Power erected, that is, where there is no Common-wealth, there is no Propriety; all men having Right to all things: Therefore where there is no Common-wealth, there nothing is Unjust. So that the nature of Justice, consists in keeping of valid Covenants: but the Validity of Covenants begins not but with the Constitution of a Civil Power, sufficient to compel men to keep them: And then it is also that Propriety begins.
Justice Not Contrary To Reason
The Fool hath said in his heart, there is no such thing as Justice; and sometimes also with his tongue; seriously alleging, that every man’s conservation, and contentment, being committed to his own care, there could be no reason, why every man might not do what he thought conduced thereunto; and therefore also to make, or not make; keep, or not keep Covenants, was not against Reason, when it conduced to ones benefit. He does not therein deny, that there be Covenants; and that they are sometimes broken, sometimes kept; and that such breach of them may be called Injustice, and the observance of them Justice: but he questions, whether Injustice, taking away the fears of God, (for the same Fool hath said in his heart there is no God,) may not sometimes stand with that Reason, which dictates to every man his own good; and particularly then, when it conduces to such a benefit, as shall put a man in a condition, to neglect not only the dispraise, and revilings, but also the power of other men...yet it can never be against Reason, seeing all the voluntary actions of men tend to the benefit of themselves; and those actions are most Reasonable, that conduce most to their ends. This specious reasoning is nevertheless false.
For Review and Discussion
1. Hobbes famously said that life in the state of nature is “solitary, poor, nasty, brutish, and short.” Why does he say this and do you agree?
2. What does Hobbes think motivates us to get out of the state of nature?
3. How and why do we create the first elements of a civil society for Hobbes?