Thomas Hobbes †Leviathon Essay Example for Free

Thomas Hobbes – Leviathon Essay Introduction   Thomas Hobbes, a noteworthy political theorist and contemporary of John Locke, offers a concept of justice that is dependent upon the existence of a social structure which he calls the Commonwealth. The Commonwealth arises out of a state of war which he entitles the state of nature. In the state of nature, all men are equal, and thus, they have equal right to liberty. This equality of liberty is without external impediments insofar as how far one is able to extend his own liberty in the preservation of ones self. When men form societies under the social contract, a covenant which expresses their promise to curb their own ambitions and passions, their liberty, in order to work for the common good and to escape the violence that pervades the mere exercise of human nature, is also created. They then, and only then, are able to define justice, which is only realized in the adherence to covenants, and covenants can only be established and adhered to within the Commonwealth. Outside of society, there are no guarantees for protection. Overview In the State of Nature, all men are equal and are equally able to threaten one another. From this equality arises an equality of hope in attaining their ends. What nature has not bestowed upon one man in brute strength, time bestows upon him in experience. The Right of Nature, according to Hobbes, is the liberty each person has to use their own power for their own preservation. Liberty, in this regard, is identified as a lack of constraints upon a person in regards to his own behaviors. If two want the same thing, and they both cannot have it, they become enemies and endeavor to destroy one another (Hobbes chpt. 13). It is thus within the natural order for men to strive for self-preservation, especially when their own liberty is compromised by anothers practice of his liberty. There are three principal causes of quarrels between men in the state of nature. First, competition causes man to attack one another for personal gain, to make himself the stronger of the two and to take that which he seeks from the other. The second reason a man would invade another mans liberty is for the latters own personal safety, and the principal is thus known as diffidence. Finally, the principal of glory, which is the third cause of quarrel according to Hobbes, stems from the want of a reputation and the need to protect it from attacks on an ones personhood, verbal or otherwise. It is ones reputation which makes one powerful and feared in the state of nature, and thus more able to attain what he wants and needs. Because there exists no way for everyone to be assured their liberty will not be infringed by another, they must, therefore, live in a constant state of war. There is no assurance of peace and there are no boundaries dictating the extent to which one can and must go to preserve his own liberty, even if it means the domination of others. Nothing can be unjust. The notions of right and wrong, justice and injustice, have no place (Hobbes Chpt. 13). Therefore, there can be no concept of justice, because justice distinguishes the boundaries existing between one mans ability to protect his liberty in the face of another mans endeavor to destroy it. Force and fraud are the cardinal virtues (Hobbes Chpt. 13). Force ensures ones survival, and fraud ensures ones betterment. Without the fear of punishment, nothing stops men from using them and without justice; the term fraud would have no conceptualization as its negative denotation would not exist in a world with no concept of right and wrong.    Examination The First Law of Nature is to seek peace, which is rational. As the main goal of man under the state of nature is self-preservation, peace cannot be sought unilaterally and it is against the nature of man to seek it when in doing so, he concedes his own liberty. In the state of nature, unimpeded liberty exists, and mans security in his life and liberty is questionable. In such a time, there can not be commerce, agriculture, arts, or society, as there is no means by which to ensure their security. Man must live in constant fear of death and violence, and hence, such aspects of culture cannot subsist under that threat. One has no other refuge, than that which his own strength can furnish to him, hence the importance of the three principles of conflict, which lead to gains in strength, the protection of ones life and liberty, and the protection of ones reputation. Hobbes amalgamates and summarizes the first three laws of nature into what is commonly known as the golden rule. Treat others as you would like to be treated. This rule conceptualizes the birth of the Commonwealth and the social contract, wherein man gives away his right of liberty in order to protect himself from the unrestricted liberty of others who also agree to do the same. This is the birth of both the Commonwealth and justice, and the death of the State of Nature. In order to understand the meaning of justice, one must first understand how Hobbes defines justice. Justice, according to Hobbes, is the keeping of covenants. Therefore, where there are no covenants, there can be no justice. In the State of Nature, there can be contracts, just as within the commonwealth, but not covenants. The reasons are as follows: a contract is the mutual transferring of right in the Hobbsian sense and because it is mutual, it is obligatory on both sides and realized simultaneously, however, insofar as a covenant is a transference of right between men in which one promises to fulfill his obligation in the future, the early performer of his duties can not be assured that the other will perform his end of the covenant because there are no external bridles hinging him to it, containing his ambition. To lay down a mans right to anything is to divest himself of the liberty of hindering another of the benefit of his own right to the same (Hobbes Chpt. 13). Only fear can achieve adherence to the covenant; only coercion can bring about fear; and only the Commonwealth can subdue a mans passions through coercion. Therefore, a covenant in the state of nature is no more than a gift given to another as there can be no guarantee that the first to act will get his due, moreover, justice, according to Hobbes, originally exists within the commonwealth. Conclusion The keeping of Justice within the commonwealth can be explained in two parts; first, by clarification of the role of law, and, second, through Hobbes concept of authorship. Law, as defined by Hobbes, is distinguishable from right insofar as right is the liberty to do, whereas law binds ones liberty. Law, he says, is derived from reason, and reason tells man that he should strive for peace, which is both the grounds for the establishment of society, and the first law of nature. As all voluntary acts are geared towards gain, and laying down the natural right is a voluntary act, it is done so in order to promote the peace, which is both reasonable and beneficial for the all parties in that the peace is maintained. The law that binds man and takes away his ability to infringe on the liberties of others compel men equally to the performance of their covenants, by the terror of some punishment greater than the benefit they expect by the breach of their covenant (Hobbes Chpt. 15). Therefore, it is the established laws of the Commonwealth which place the fear punishment in men and guides them to the fulfillment of their covenants. Secondly, as the Commonwealth is the unification of men who have conferred their power to govern themselves upon either one man, or an assembly of men, called the sovereign, in order to establish the peace, it is in mans nature to strive individually and collectively for peace in order for self-preservation. The sovereign represents the will of the unified men. The sovereign is the sole legislator, and represents the common good. The laws oblige all citizens and if the citizens have quarrel with the laws, then they only have quarrel with themselves. As the common good is represented by the laws, and as the law of nature, under which the Commonwealth and the sovereign alike were created, and the civil laws contain each other and are reasonable, and as it is the citizens who author the laws in respect to the common good, therefore, neither the common good nor the laws can ever be unjust or against reason. References Hobbes, Thomas; Leviathan, ed. C. B. Macpherson (Harmondsworth: Pelican, 1975)