Thomas Hobbes

“ Nay, very often the same man at diverse times, praises, and dispraises the same thing. Whilst thus they doe, necessary it is there should be discord, and strife: They are therefore so long in the state of War, as by reason of the diversity of the present appetites, they mete Good and Evill by diverse measures. All men easily acknowledge this state, as long as they are in it, to be evill, and by consequence that Peace is good. They therefore who could not agree concerning a present, doe agree concerning a future Good, which indeed is a work of Reason ”

“ Since therefore many common Rights are retained by those who enter into a peaceable state, and that many peculiar ones are also acquired, hence ariseth this ninth dictate of the naturall Law, to wit, That what Rights soever any man challenges to himselfe, he also grant the same as due to all the rest: otherwise he frustrates the equality acknowledged in the former Article. For what is it else to acknowledge an equality of persons in the making up of society, but to attribute equall Right and Power to those whom no reason would else engage to enter into society? ”

“ It is not lawfull to inflict punishment for any other end, but that the offender may be corrected, or that others warned by his punishment may become better. But this is confirmed chiefly from hence, that each man is bound by the law of nature to forgive one another, provided he give caution for the future, as hath been shewed in the foregoing Article. ”

“ This therefore is no distinction of Justice, but of equality; yet perhaps it cannot be deny'd, but that Justice is a certain equality, as consisting in this onely; that since we are all equall by nature, one should not arrogate more Right to himselfe, then he grants to another, unlesse he have fairly gotten it by Compact. And let this suffice to be spoken against this distinction of Justice, although now almost generally receiv'd by all, lest any man should conceive an injury to be somewhat else, then the breach of Faith, or Contract, as hath been defin'd above. ”

“ Reason declaring Peace to be good, it followes by the same reason, that all the necessary means to Peace be good also, and therefore, that Modesty, Equity, Trust, Humanity, Mercy (which we have demonstrated to be necessary to Peace) are good Manners, or habits, (that is) Vertues. The Law therefore, in the means to Peace, commands also Good Manners, or the practise of Vertue: And therefore it is call'd Morall. ”

“ Neither is it injustice, if I give any man more, of what is mine own, then I owe him. The Lawes of Nature therefore are the summe of Morall Philosophy, whereof I have onely delivered such precepts in this place, as appertain to the preservation of our selves against those dangers which arise from discord. But there are other precepts of rationall nature, from whence spring other vertues: for temperance also is a precept of Reason, because intemperance tends to sicknesse, and death. ”

“ XIV. As it was necessary to the conservation of each man, that he should part with some of his Rights, so it is no lesse necessary to the same conservation, that he retain some others, to wit the Right of bodily protection, of free enjoyment of ayre, water, and all necessaries for life. ”

“ IX.The fourth precept of Nature, is, That every man render himself usefull unto others: which, that we may rightly understand, we must remember that there is in men, a diversity of dispositions to enter into society, arising from the diversity of their affections, not unlike that which is found in stones, brought together in the Building, by reason of the diversity of their matter, and figure. ”

“ XXV. Farthermore, forasmuch as the Lawes of Nature are nought else but the dictates of Reason, so as, unlesse a man endeavour to preserve the faculty of right reasoning, he cannot observe the Lawes of Nature, it is manifest, that he, who knowingly, or willingly, doth ought, whereby the rationall faculty may be destroyed, or weakned, he knowingly, and willingly, breaks the Law of nature: For there is no difference between a man who performes not his Duty, and him who does such things willingly, as make it impossible for him to doe it. ”

“ Whether therefore men be equall by nature, the equality is to be acknowledged, or whether unequall, because they are like to contest for dominion, its necessary for the obtaining of Peace, that they be esteemed as equall ”

“ 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. ”

“ Law of nature therefore injoynes Arbiters, and Iudges of fact, That where firm and certain signes of the fact appear not, there they rule their sentence by such witnesses, as seem to be indifferent to both Parts. ”

“ For as a stone, which in regard of its sharp and angular form takes up more room from other stones then it fils up it selfe, neither because of the hardnesse of its matter cannot well be prest together, or easily cut, and would hinder the building from being fitly compacted, is cast away, as not fit for use: so a man, who for the harshness of his disposition in retaining superfluities for himself, and detaining of necessaries from others, and being incorrigible, by reason of the stubbornnesse of his affections, is commonly said to be uselesse, and troublesome unto others. ”

“ 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.
[Injury can be done against no man] The word injustice relates to some Law: Injury to some Person, as well as some Law. For what's unjust, is unjust to all ”

“ Now, because each one not by Right onely, but even by naturall necessity is suppos'd, with all his main might, to intend the procurement of those things which are necessary to his own preservation; if any man will contend on the other side for superfluities, by his default there will arise a Warre, because that on him alone there lay no necessity of contending, he therefore acts against the fundamentall Law of Nature: Whence it followes (which wee were to shew) that it is a precept of nature; That every man accommodate himselfe to others. ”

“ XXXII. But because men cannot put off this same irrationall appetite, whereby they greedily prefer the present good (to which, by strict consequence, many unfore-seen evills doe adhere) before the future, it happens, that though all men doe agree in the commendation of the foresaid vertues, yet they disagree still concerning their Nature, to wit, in what each of them doth consist; for as oft as anothers good action displeaseth any man, that action hath the name given of some neighbouring vice; likewise the bad actions, which please them, are ever entituled to some Vertue ”

“ 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 ”

“ For to dare is commended, and under the name of fortitude is taken for a vertue, although it be an extreme, if the cause be approved. Also the quantity of a thing given, whether it be great, or little, or between both, makes not liberality, but the cause of giving it. ”

“ The breach of which Law is called Reproach. But although nothing be more frequent then the scoffes and jeers of the powerfull against the weak, and namely of Judges against guilty persons, which neither relate to the offence of the guilty, nor the duty of the Judges, yet these kind of men do act against the Law of nature, and are to be esteemed for contumelious. ”

“ XIII. The question whether of two men be the more worthy, belongs not to the naturall, but civill state; for it hath been shewed before, Chap. I. Art. 3. that all men by nature are equall, and therefore the inequality which now is, suppose from riches, power, nobility of kindred, is come from the civill Law. I know that Aristotle in his first book of Politiques affirmes as a foundation of the whole politicall science, that some men by nature are made worthy to command, others onely to serve ”

“ 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. ”

“ 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 ”

“ Precept of the naturall Law, That both parties disputing concerning the matter of right submit themselves unto the opinion and judgement of some third.
XXI. But from this ground, that an Arbiter or Judge is chosen by the differing Parties to determine the controversie, we gather, that the Arbiter must not be one of the Parties: for every man is presumed to seek what is good for himselfe naturally, and what is just, onely for Peaces sake, and accidentally. ”

“ To this I answer, it's true, That hope, fear, anger, ambition, covetousnesse, vain glory, and other perturbations of mind, doe hinder a man so, as he cannot attaine to the knowledge of these Lawes, whilst those passions prevail in him: But there is no man who is not sometimes in a quiet mind ”

“ At that time therefore there is nothing easier for him to know, though he be never so rude and unlearn'd, then this only Rule, That when he doubts, whether what he is now doing to another, may be done by the Law of Nature, or not, he conceive himselfe to be in that others stead. ”

“ But they destroy and weaken the reasoning faculty, who doe that which disturbs the mind from its naturall state; that which most manifestly happens to Drunkards and Gluttons; we therefore sin in the 20 place against the Law of Nature by Drunkennesse. ”

“ Therefore the things which can neither be divided, nor had in common, must be granted to the first possessour, as also those things which belonged to the Father are due to the Sonne, unlesse the Father himselfe have formerly conveighed away that Right to some other. ”